European Union social policy

from Wikipedia, the free encyclopedia
European Union flag

In the area of social policy , the European Union has very limited powers. They are essentially limited to support for social policy cooperation between the Member States and, in certain areas, to the establishment of minimum standards, particularly with regard to the rights of workers . The primary responsibility of the member states for this area and the diversity of national social systems are always taken into account. There are close ties to employment policy and gender equality policy , which to a certain extent can also be viewed as sub-areas of social policy.

history

At the French request, a chapter on social policy was already included in the original version of the EC Treaty of 1957. Under the influence of Germany, however, the community's options for action remained limited. Harmonization in the social field should largely take place in a “natural” way in the course of the creation of the internal market and not through “artificial” regulation.

In 1961, under the umbrella of the Council of Europe , the Social Charter of Turin adopted that conceded the employees extensive social rights.

But also within the framework of the community, socio-political activities have increasingly expanded since the 1970s; in particular, numerous directives on occupational safety and social protection were issued. In the 1980s, however, there was extensive socio-political stagnation under the influence of British Prime Minister Margaret Thatcher . At the same time, the then Commission President Jacques Delors explicitly put the need for a social policy in the European Union on the agenda. Therefore, in 1989 the Community Charter of the Basic Social Rights of Workers was adopted, which ties in with the Turin Agreement and expands and further specifies its basic rights. Particular emphasis was placed on protecting the rights of certain groups of workers (women, young people, the elderly, the disabled).

The protocol on social policy contained in the Maastricht Treaty of 1992 , which expanded the EU's powers in this regard, also fell into Delor's time. Initially, it was not applicable to Great Britain due to national reservations (regulatory considerations). With the Treaty of Amsterdam 1997 it was integrated into the EC Treaty. Today the matter is regulated in Articles 151–161 of the Treaty on the Functioning of the European Union (TFEU) . Social policy thus belongs to the so-called 1st pillar of the EU, which is structured supranationally .

In 2000, the European Council in Nice and Lisbon finally drew up social policy guidelines in the form of the European Social Agenda . According to this, the EU should have more and better jobs and better social cohesion by 2010.

In this context, the European Trade Union Confederation demands that social rights be guaranteed with a so-called social progress clause.

aims

According to Art. 151 TFEU, the aim of social policy is to promote employment , to improve or, in the long term, to harmonize living and working conditions , adequate social protection , social dialogue , the development of the workforce and the fight against exclusion . In doing so, however, the “diversity of national customs” and, in particular, according to Art. 153 (4) TFEU, the power of the member states to define the main features of their social systems must be observed. Measures by the Union must also not impair the stability of national social systems.

According to Art. 153 (1) TFEU, aspects of occupational safety , social security and social protection , the fight against exclusion , equality between men and women and regulation are identified as areas in which the Community can complement the Member States of the employment conditions of third-country nationals recognized. Pursuant to Art. 153 (5) TFEU, however, remuneration regulations , coalition law and industrial action law are entirely reserved for the member states .

The term “ European social model ” is used as the normative model of EU social policy , but it is difficult to define and the content of which is controversially discussed.

Actors and procedures

The Council and the European Parliament are also responsible for enacting binding secondary legislation in the area of ​​social policy . According to Art. 153 para. 2 lit. a TFEU, they adopt measures to promote cooperation between the member states in certain areas of social policy development. According to Art. 153 para. 2 lit. b it sets minimum standards for certain norms in favor of employees through guidelines . In doing so, it basically acts in accordance with the ordinary legislative procedure of Art. 294 TFEU, i.e. with a qualified majority on the proposal of the Commission and with the very extensive participation of the European Parliament . In the area of ​​social protection, employee participation and the regulation of employment conditions for third-country nationals, the Council decides unanimously on a proposal from the Commission and after merely consulting Parliament.

Art. 156 TFEU also provides for the promotion of social policy cooperation between the member states outside of legislative measures. In this area, the primary responsibility lies with the Commission, which carries out investigations, issues opinions and prepares consultations.

In addition to the EU institutions, a number of other actors are involved in social policy:

According to Art. 159, 161 TFEU, the Commission has to prepare annual reports on the progress made in realizing the social policy objectives of the Union and the social situation in the Member States and to forward them to the Council, Parliament and the Economic and Social Committee.

activities

A variety of measures have been taken in most areas of EU social policy.

Occupational safety

Construction workers in Montpellier

The central European instrument of occupational safety policy is the framework directive RLm 89/391, which imposes extensive protective obligations on employers for safety and health, especially in the area of accident prevention . On its basis, 18 individual directives have been issued. a. deal with noise, vibrations, construction sites or pregnancy protection. Implementation deficits exist particularly in the area of small and medium-sized enterprises as well as in the public service .

RL 03/88 lays down minimum standards for the organization of working hours and provides for a maximum daily working time of 13 hours and a weekly maximum of 48 hours for most employees. There are also guidelines on the use of certain work equipment, protective equipment, protective measures at IT workstations, practice the protection of certain groups of people ( self-employed , pregnant women and young people ) as well as protection against certain dangers (e.g. ion radiation).

The issue of occupational safety is given particular weight by a change in the dangers and challenges that exist here: for example, the proportion of female and older employees is increasing. In addition, there is a greater diversification of forms of employment ( fixed-term , part-time , shift , teleworking ) as well as new risks such as environmental toxins , stress or bullying .

Social labor law

The Community works to strengthen the social rights of workers through legislation in the field of labor law. There are two ways to do this:

In particular, Directive 96/71 / EC on the posting of workers , which, in the interests of avoiding " social dumping " when employing workers in another Member State, declares a certain core area of ​​its safety and social standards to be applicable (country of destination principle) has become known. Due to the Posting of Workers Directive, the national minimum wages of the destination country (Art. 3 (1) letter c) of the Posting of Workers Directive) also apply to workers posted by temporary employment agencies to another Member State. This protects national minimum wage regulations and other labor law standards from being circumvented by posting (temporary) workers from other member states.

One focus of the “independent” labor law regulatory activity is the legal equality of atypical employment relationships (e.g. part-time work, fixed-term employment, agency work) with normal employment relationships (i.e. open-ended, full-time employment), especially in connection with the goals of gender equality and the Compatibility of family and work . This includes the guidelines on part-time work ( RL 97/81 / EC ) and fixed-term employment relationships ( RL 1999/70 / EC ), which implement the framework agreements of the umbrella organizations of employees and employers. These associations are responsible for implementing another framework agreement on teleworking. A corresponding regulation of temporary employment relationships failed in 2003 after lengthy negotiations (see also Directive 91/383 / EEC and Directive 2008/104 / EC on temporary agency work ).

Further directives in the area of ​​EU labor law concern:

  • the harmonization of the rights of employees in the case of collective redundancies (RL 98/59),
  • their protection in the event of the employer's insolvency (RL 80/987),
  • the rights of employees in the event of a transfer of business (RL 77/187).
  • Collective information and consultation rights of employees in the company: RL 94/45 provides for the creation of a " European works council " for companies that operate across borders. RL 2002/14 basically strengthens the employee's rights to be heard and to be informed.

Social security

After Regulation 1408/71 provided for non-discriminatory access for EU foreigners to the national social security systems , Regulation 883/04 continues their coordination . Certain events relevant to insurance law are now recognized even if they occurred in other EU countries. Waiting and crediting times covered there are recognized. Social benefits granted - with the exception of special benefits such as basic security for old age - may not be terminated solely because the beneficiary has moved to another EU country . Older social agreements between the member states only continue to apply if they are more favorable for the person concerned. On the other hand, double payments from different Member States to the same recipient are prevented for the same reason.

The TESS system (telematics for social security) ensures the exchange of data on social benefits, the MISSOC system , which includes the EFTA countries, ensures a general exchange of information on social protection.

European Health Insurance Card

A European health insurance card has existed since 2004, which makes it easier for you to obtain health insurance benefits in kind when you are temporarily staying in another Member State. A Council resolution on combating social abuse dates from 2001 , and the Commission has dealt several times with the future of pensions. A pension fund guideline lays down minimum requirements for the establishment and design of occupational pension schemes .

Combating exclusion

The fight against social exclusion, especially against poverty, has remained less pronounced . Those who earn less than half the average income in their Member State are considered poor. Programs have been launched to support residents of disadvantaged urban and rural areas as well as the long-term unemployed , the elderly and the disabled .

Social dialogue

The social dialogue at European level has also got underway. The main actors on the employers' side are the associations UNICE , UEAPME (crafts, trade, SMEs) and CEEP (public service). The interests of employees are represented by ETUC (European Trade Union Confederation), Eurocadres (managerial staff) and FERPA (pensioners). Since 2001, both sides have met at the European Social Summit with the involvement of the Council and the Commission . In addition to the general social dialogue, there are also sector-specific characteristics, such as the working hours of seafarers. Numerous framework agreements of the social partners were later transferred to EU secondary law, such as those on parental leave, fixed-term employment relationships, part-time and teleworking.

See also

literature

Web links

Individual evidence

  1. ↑ a b Kocher, Eva: European Labor Law, 1st edition, Baden-Baden 2016, § 1 Rn. 43.
  2. ↑ Kocher, Eva: European Labor Law, 1st edition, Baden-Baden 2016, § 1 Rn. 43 f.
  3. ↑ a b Kocher, Eva: European Labor Law, 1st edition, Baden-Baden 2016, § 1 Rn. 44.
  4. ↑ Regulation (EC) on social security No. 883/2004 (explanation). Techniker Krankenkasse, accessed on May 6, 2018 .