CPS Corporate & Public Strategy Advisory Group EU ACQUIS RELATED TO EMPLOYMENT and SOCIAL POLICY Prepared for MESS by CPS August 2011 Istanbul & Brussels © All rights reserved. Corporate and Public Strategy Advisory Group 2011. CPS Corporate & Public Strategy Advisory Group CONTENTS Preface List of Abbreviations I. INTRODUCTION A. Historical Development B. The Community Charter of the Fundamental Social Rights of Workers C. The Agreement on Social Policy D. The Charter of Fundamental Rights of the European Union II. EU EMPLOYMENT AND SOCIAL POLICY A. The Legal Basis in the EC Treaty1 III. EU ACQUIS ON EMPLOYMENT AND SOCIAL POLICY A. Labour Law 1. The Legal Basis in the EC Treaty 2. The Main Legislation 2.1. Labour Law and Working Conditions 2.2. Information, Consultation and Participation of Workers 3. Pending Proposals B. Social Dialogue 1. The Legal Basis in the EC Treaty 2. Social Dialogue under the ECSC Treaty 3. The Main Legislation 4. Pending Proposals C. Equality of Treatment between Men and Women 1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals D. Tackling Discrimination 1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals 1 EU Treaty http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:FULL:EN:PDF © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 2 CPS Corporate & Public Strategy Advisory Group E. Employment 1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals F. European Social Fund and Globalisation Fund 1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals G. Social Protection and Social Inclusion 1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals H. Dublin Foundation 1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals İ. Public Health 1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals J. Health and Safety at Work 1. The Legal Basis in the EC Treaty 2. The Main Legislation 2.1. Horizontal Action: The Framework Directive 2.2. Individual Directives in line with the Framework Directive 3. Pending Proposals K. Free Movement of Workers 1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals L. Co-ordination of Social Security 1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 3 CPS Corporate & Public Strategy Advisory Group IV. THE NEW WAVE OF ENLARGEMENT2 AND THE EU EMPLOYMENT AND SOCIAL POLICY A. The Level of Adaptation to the Employment and Social Policy Acquis B. Transitional Arrangements to New Member States V. TURKEY’S LEGAL FRAMEWORK AND ITS ADAPTATION TO THE EU ACQUIS COMMUNAUTAIRE ON EMPLOYMENT AND SOCIAL POLICY A. The Progress of Turkey Regarding Harmonization with the EU Employment and Social Policy and the Table of Harmonization of Legislation B. 2008 Turkey’s National Programme for the Adoption of the Acquis VI. THE NEGOTIATION PROCESS A. Assessments by the EU B. 2006 and 2008 Revised Accession Partnership Documents C. Screening and Negotiations D. Turkey 2010 Progress Report E. 2010-2011 Action Plan REFERENCES 2 The new wave of enlargement include 10 new Member States which acceded to the EU as of 1 May 2004 (Slovenia, Poland, Hungary, Czech Republic, Estonia, Lithuania, Latvia, Slovakia, Cyprus and Malta) as well as 2 new Member States which joined to the EU as of 1 January 2007 (Bulgaria and Romania). © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 4 CPS Corporate & Public Strategy Advisory Group PREFACE Growth and employment have long been considered as a panacea in the face of internal and external challenges that the European Union have faced recently in a globalisation process in terms of society and economy. It is possible to say that the emergence as well as the development of a genuine ―European employment and social policy‖ occurred quite late having considered the completion of Internal Market. In that regard, it is possible to say that it was the Amsterdam Treaty which brought a new impetus for the development of acquis communautaire with the incorporation of provisions concerning social policy such as fighting against all types of discrimination, putting the employment and social policy to an increasingly focal position. Since the beginning of 1990s, the efforts to coordinate and harmonize policies of Member States have accelerated. In the field of employment and social policy, European Employment Strategy (regarding job creation and labour market reform strategies) and European Social Agenda (aiming everyone from every region in Europe benefits from the economic growth) can be considered as the two main tools determining the European policy priorities. On the other hand, European Social Fund is the financial instrument specially designed to support for the realisation of these objectives. As regards to European Employment Strategy, for its labour market policy, the Union is promoting flexicurity which is defined as an inclusive approach which brings together adequate flexibility in terms of contractual relations so as to provide firms a room to manoeuvre in the globalisation era and security for workers to continue their existing position or change their job at equivalent terms. In May 2008, the European Commission launched an initiative, ―Mission for Flexicurity‖ following a decision by Member States at the Informal Employment Council in Brdo in January 2008, in order to support putting the EU‘s flexibility approach into national practice in the Member States. The flexicurity approach, which foresees a balance between the labour market flexibility and the security for the workers within the employment policy, was later confirmed as a means to get out of the crisis by the EU Member States, during the EU Summit in March 20093. With regard to European Social Agenda, on 2 July 2008 the European Commission adopted a new social agenda in order to form a strategy to face the challenges such as technological developments, demographic change, immigration, climate change and globalisation. The new Social Agenda determines seven priority areas based on previous achievements of the Union in the field of employment and social policy. These are: 3 Please refer to the following web site for more information: http://ec.europa.eu/social/main.jsp?catId=102&langId=en © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 5 CPS Corporate & Public Strategy Advisory Group Children and Youth Investing in People Longer and Healthier Lives Combating Poverty Strengthening Instruments Fighting Discrimination The International Agenda The European Social Agenda presents also the instruments so as to achieve the objectives defined under the priority areas. These tools cover the EU legislation (such as directives), Social Dialogue, Cooperation between member states, EU funding, Partnership, dialogue and communication, Analysing that new measures in terms of their social and employment impact. This new agenda consists of legislation on cross border health care, European Works Council, anti-discrimination and modernization of education systems. In the face of the global economic crisis in 2008 that caused major unemployment problems and a slowdown in the economy, the EU responded with structural measures in order to ensure sustainable and a high-quality European labour market. The crisis further contributed to the failure of the EU in meeting the targets foreseen in its economic growth programme, the Lisbon programme, and the Union sought to adapt its post-2010 programme to the new circumstances. In accordance with the new growth strategy, the Europe 2020 Strategy adopted in 2010, the EU set itself to adapt to the changing economic and social conditions and laid down five ambitious objectives - on employment, innovation, education, social inclusion and climate/energy - to be reached by 2020. The targets related to social policy and employment among these five are listed below: an employment rate of 75% among the people aged 20-64; a school drop-out rates below 10%, and at least 40% of 30-34 year-olds completing third level education; and at least 20 million fewer people in or at risk of poverty and social exclusion, by 2020. Furthermore, in the framework of the Europe 2020 Strategy, the European Commission has launched the following key initiatives: Agenda for new skills and jobs; New skills for new jobs; Youth on the move; Anticipating, preparing and managing company restructuring; and Strengthening public employment services. Likewise, the European Employment Strategy (EES) is also revised in accordance with the Europe 2020 strategy. The new EES -- which aims to raise the employment rate of both men and women, aged between 20 and 64 to 75% by 2020 in the EU -- is detailed later in the Guide. © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 6 CPS Corporate & Public Strategy Advisory Group LIST OF ABBREVIATIONS AEA : Association of European Airlines BUSINESSEUROPE : Confederation of European Business CEC : European Federation of Executives and Managerial Staff CEEP : European Centre of Enterprises with Public Participation and Enterprises with General Economic Interest EAGGF : European Agricultural Guidance and Guarantee Fund ECA : European Cockpit Association ECSA : European Community Shipowners' Association ECSC : European Coal and Steel Community EES : European Employment