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Labour Law and Working Conditions Social Europe Guide | Volume 6 ISSN 1977-2343 Labour law and working conditions Social Europe guide | Volume 6 Social Europe Labour law and working conditions Social Europe guide Volume 6 European Commission Directorate-General for Employment, Social Affairs and Inclusion Manuscript completed in February 2014 Neither the European Commission nor any person acting on behalf of the Commission may be held responsible for use of any information contained in this publication. Cover illustration: Mi Ran Collin — © European Union For any use or reproduction of photos which are not under European Union copyright, permission must be sought directly from the copyright holder(s). Europe Direct is a service to help you find answers to your questions about the European Union Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). More information on the European Union is available on the Internet (http://europa.eu). Luxembourg: Publications Office of the European Union, 2014 ISBN 978-92-79-33607-2 – doi:10.2767/58509 (print) ISBN 978-92-79-33610-2 – doi:10.2767/59037 (epub) ISBN 978-92-79-33604-1 – doi:10.2767/5682 (online) ISSN 1977-2343 © European Union, 2014 Reproduction is authorised provided the source is acknowledged. Printed in Belgium Printed on elemental chlorine-free bleached paper (ECF) Labour law and working conditions I 3 Foreword standards. I mean fairness for those in and out of work, proper responsibilities for employers, education and training reforms and removing barriers to employment. Indeed, the EU has a crucial supporting role to play to avoid that the necessary reforms lead to a massive reduction of the quality of work. It is especially in times of recession that labour protection is of vital importance to provide a safety net for individuals and households, underpin- ning aggregate demand in the economy, © European Union and to prevent the marginalisation of vulnerable groups. This serves both social László Andor and economic objectives, encompass- ing Europe 2020 Strategy’s objectives of Commissioner for Employment, Social smart, sustainable and inclusive growth. Affairs and Inclusion Labour protection and economic growth go hand-in-hand. There is ample evidence The on-going economic and financial cri- suggesting that the EU’s most productive sis has put labour market rules across the and competitive economies are those that EU under severe pressure. Rising unem- have been able to combine comparatively ployment, especially among the young, high levels of social regulation and protec- together with continuing global competi- tion with flexibility-enhancing measures tion, has led a large number of govern- and a dynamic social dialogue. Indeed, EU ments to review social rules especially in rules on working time, health and safety the areas of job protection, working time at work and working conditions have been and collective bargaining. The need for shown to have lead to higher productivity labour market reforms is obvious, espe- and less absenteeism by preventing acci- cially in the countries hardest hit by an dents and work-related diseases. Good and economic downturn, but by labour market healthy working conditions are not only a reforms I do not mean a race to the bottom core social right, they are an important implying a generalised lowering of labour competitiveness factor. 4 I Labour law and working conditions Like all EU legislation, EU labour law and implementation of common EU rules rules on safety and health at work are and in their enforcement in practice. The Treaty-based. They form an integral part European Semester is by now a well- of the law of the Member States, and the established framework for coordination Commission plays an important role as the of national labour market reforms: coun- Guardian of the Treaties in ensuring that try-specific recommendations have been agreed rules on employment and working addressed to a number of Member States conditions are correctly implemented and over the recent years. We must ensure, applied across the Member States. though, that these reforms do not result in a race to the bottom in terms of labour A level playing field on employment and standards and that the social partners at working conditions is an essential aspect national level are properly informed and of the Single Market. But the European consulted before key decisions are taken. Union stands for more than that: labour This is an important aspect of the Com- law and rules on health and safety at work mission’s effort to strengthen the social have become a cornerstone of Europe’s dimension of the Economic and Monetary social dimension. The EU is a “social mar- Union: national reforms need to be seen in ket economy” underpinned by a core of context, with their aggregate and distribu- social values and goals, including social tional impacts considered. If some reforms protection, improvements in Europe- have a contractionary economic impact, ans’ living and working conditions and our coordination mechanisms should help social dialogue. us ensure that this can be offset through other measures. It should be kept in mind that the Union does not pluck the EU labour law standards With over 240 million workers throughout out of thin air. They have built upon the rich the Union, EU rights concerning working heritage of national labour legislation as conditions and health and safety at work well as the longstanding collective-bar- are of direct benefit to a great amount of gaining tradition in many Member States. citizens and have a positive impact on one In addition, they have been inspired by the of the most important and tangible areas of body of minimum standards on employ- their daily lives. EU law guarantees them a ment, established by the International number of rights: minimum rights to holi- Labour Organisation, which have been the days; a limitation of working time; to be reference for the working world for almost consulted and informed about decisions of a century now. their employers that affect them; the right to protection in case of insolvency of their In the debate on the future of EU labour employer; the right to protection against law we cannot ignore the very impor- abusive successions of fixed-term employ- tant role of Member States, both in the ment; the right to non-discrimination; the Labour law and working conditions I 5 right to work in workplaces that are safe has made the European labour market in and healthy and to work with safe equip- general a better place to work while at the ment, regularly maintained and checked; the same time contributing to a higher pro- right to information and training that is rel- ductivity and competitiveness of the EU evant to aspects of their health and safety economy. For anyone who wants to have a at work... to name but a few. Of course, deeper understanding of the history, purpose Member States can adopt more protective and current evolution of EU law and policy requirements than those laid down in the on employment and working conditions, EU rules, but by setting these EU minimum this Social Europe Guide can be an easy requirements I am convinced that the EU but comprehensive source of information. 6 I Labour law and working conditions Table of Contents Foreword ....................................................................................................3 CHAPTER 1 Why the European Union has a role in labour law and working conditions ............................................................................9 The EU’s objectives .............................................................................................9 The Single Market ............................................................................................11 The EU and international law ...............................................................................13 The specific objectives of EU labour law ..................................................................14 Europe 2020 and the current context......................................................................16 CHAPTER 2 How the EU deals with labour law and working conditions...............19 The legal basis for EU action................................................................................19 The form and extent of EU action . 21 The role of the social partners ..............................................................................23 Labour law’s interaction with other EU policy areas . 25 Contribution from Eurofound ................................................................28 Juan Menéndez-Valdés, Director of the European Foundation for the Improvement of Living and Working Conditions...........................................................................28 CHAPTER 3 EU labour law – an overview.................................................................33 A timeline of EU labour law .................................................................................33 Working conditions directives ...............................................................................36 Directives on information, consultation and participation...............................................42 Other forms of EU action ....................................................................................46 Contribution from the Lithuanian EU presidency................................50 Interview with Algimanta Pabedinskienė, Minister of Social Security and Labour ...................50 CHAPTER 4 Health
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