Draft EU employment legislation state of play, October 2011
The table contained in this article lists all significant items of employment-related draft EU legislation that are currently in the legislative pipeline, or due to be proposed in the near future. It also shows proposals that have been adopted in the past six months.
Proposals that have become dormant (defined here as not having been discussed in the Council of the European Union, or subject to any other significant movement, for more than two years) are not included. The table also covers negotiations and agreements between EU-level trade union and employers' organisations, based on arts.154 and 155 of the Treaty on the Functioning of the European Union (these agreements are implemented either by EU Directives or by the national member organisations of the signatories).
For each proposal, the table provides the following information, as at 1 October 2011:
- the full title of the proposal;
- a reference to the issue of the Official Journal (OJ) of the European Union (external website) in which the proposal (and any subsequent revised versions) or adopted text was published. Laws appear in the Legislative ("L") series, while other instruments and proposals appear in the Communications ("C") series. Where proposals have not appeared in the OJ, the "COM" number of the document is given, where relevant;
- where appropriate, or available, the article of the Treaty on the Functioning of the European Union on which the proposal is based;
- the proposal's submission to the Council of the EU and European Parliament (EP);
- any opinions issued on the proposal by the EP, the Committee of the Regions (CoR) and the European Economic and Social Committee (EESC);
- the submission of any amended proposal to the Council;
- Council decisions or debates (these usually occur in the Employment, Social Policy, Health and Consumer Affairs, or EPSCO, Council);
- any Council-Parliament conciliation proceedings;
- final adoption (or formal signature in the case of social partner agreements); and
- any formal consultation of the social partners - the EU-level "cross-industry" partners are the European Trade Union Confederation (ETUC), BusinessEurope (private sector employers), Ueapme (small and medium-sized enterprises) and Ceep (public services employers).
Each January and July, we publish a full analysis of developments in draft EU employment legislation.
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Draft EU employment legislation state of play, 1 October 2011 | ||
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In this table: | ||
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Subject |
Legal base |
Current position |
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Consultation of the EU-level social partners on review of Directive 2003/88/EC concerning certain aspects of the organisation of working time. First-stage consultation - COM (2010) 106. Second-stage consultation - COM (2010) 801/3. |
Art.154. |
Earlier attempt to revise Directive, launched in 2004, failed in April 2009. On 24 March 2010, Commission launched first-stage consultation of social partners, seeking views on possible comprehensive review of Directive aimed at identifying which provisions need to be adapted, simplified or clarified to take account of developments in the length and distribution of working time. ETUC and BusinessEurope responded in June, with differing views on key issues such as the opt-out from the 48-hour maximum week. Second-stage consultation launched on 21 December 2010, with Commission suggesting either a focused review of the Directive (dealing with on-call time and compensatory rest for missed daily and weekly rest periods) or a comprehensive review (also dealing with matters such as the opt-out from the 48-hour week, greater flexibility, work-life balance, autonomous workers, multiple contracts and paid annual leave). Social partners had until 28 February 2011 to reply, later extended to 25 March. BusinessEurope, ETUC, Ceep and Ueapme stated that they were prepared to negotiate over an agreement on revising the Directive and in June BusinessEurope formally offered talks to ETUC. In late June, ETUC confirmed its willingness to negotiate, but on a wider range of issues than identified by the employers, and the parties are now exploring whether or not there are genuine prospects of meaningful talks. If the social partners do not reach an agreement, the Commission plans to issue draft amending Directive in fourth quarter of 2011. |
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Consultation of the EU-level social partners on an EU framework for anticipation and management of change and restructuring. |
Art.154. |
European Commission consulted social partners in 2002 on "socially intelligent" restructuring. In response, partners negotiated document entitled "orientations for reference in managing change and its social consequences" in 2003. Commission consulted again in 2005, seeking (largely unsuccessfully) further social partner action. Commission has revived issue and plans new consultations in fourth quarter of 2011 on a code of conduct on anticipation and management of change and restructuring, which would act as an EU-wide framework for those involved in restructuring. |
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Social partner negotiations over implementation of 2007 International Labour Organisation (ILO) Convention on working conditions in fishing. |
Art.154. |
EU-level social partners in the fishing industry (Europêche and the European Transport Workers' Federation) opened talks in October 2010 over agreement to implement the ILO Convention on working conditions in the sector. The Convention sets minimum standards in areas such as conditions of service, repatriation rights, accommodation, food, health and safety, medical care and social security. Any agreement reached will be given legal force, unamended, by a Directive and transposed into national law of the member states. |
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Proposal for a revision of exclusions concerning seafaring workers contained in six Directives. |
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Commission launched first consultation of social partners on 10 October 2007, seeking views on whether or not current exclusion of seafaring workers from some EU employment law Directives is justified. Second consultation launched on 14 April 2009, with Commission proposing repeal of these exclusions. Commission is planning to propose amendments to exclusions in the Directives on employers' insolvency (2002/74/EC), European Works Councils (94/45/EC), information and consultation (2002/14/EC), collective redundancies (98/59/EC), transfers of undertakings (2001/23/EC) and posted workers (96/71/EC). The proposal was scheduled for 2011 but now appears to have been postponed. |
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Subject |
Legal base |
Current position |
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Proposal for a Directive of the European Parliament and of the Council amending Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. COM (2008) 637 final. |
Arts.153(2) and 157(3). Co-decision procedure. |
Following social partner consultations on reconciliation of professional, private and family life, Commission issued draft Directive amending Directive 92/85/EEC on 3 October 2008. Proposals included increasing minimum maternity leave from 14 to 18 weeks and giving women on leave entitlement to full pay (although member states could subject this to a ceiling). EPSCO Council informed of progress on 17 December and held preliminary discussions on 9 March 2009. EP first reading scheduled for 6 May 2009 but postponed, with draft report referred back to Parliamentary Committee on Women's Rights and Gender Equality. EESC Opinion on 13 May 2009. EPSCO Council on 8-9 June heard progress report and called for work on proposal to continue. Parliamentary Committee adopted new report in February 2010 and EP gave first reading on 20 October, proposing major amendments such as 20 weeks' maternity leave on full pay, two weeks' paid paternity leave, adoption leave and time off for breastfeeding. At EPSCO Council on 6 December, most member states opposed EP amendments and talks began in an effort to find a common position. A progress report given at EPSCO Council on 17 June 2011 indicated that the debate among national Governments had reached an impasse. Polish Presidency of second half of 2011 plans further discussions, including at an informal meeting of ministers on 20-21 October. Presidency asked social partners for their views as a contribution to the Council debate, and employers' organisations submitted their opinion in September. |
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Consultation of the EU-level social partners on reconciliation between work, family and private life. |
Art.154. |
The European Commission consulted social partners on reconciliation between work, family and private life in 2006 and 2007. This led to the partners amending their 1995 parental leave agreement in June 2009 (with revisions implemented by Directive 2010/18/EU), and to the Commission proposing amendments to Pregnant Workers Directive (see previous point). The European Commission plans to consult partners again, in the fourth quarter of 2011, on issues "left over" from 2006-07 consultation, notably paternity leave and carers' leave. Depending on outcome of new consultation, Commission may issue legislative proposal on reconciliation, including paternity and carers' leave, in 2012. |
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Consultation of the EU-level social partners on review of EU legislation implementing the principle of equal pay. |
Art.154. |
European Commission is planning, in November 2011, first-stage social partner consultations on an "update" of EU legislation implementing principle of equal pay for women and men (principally Directive 2006/54/EC). Consultation will examine how to tackle direct discrimination (eg through greater pay transparency) and indirect discrimination (eg through pay audits and job evaluation). |
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Subject |
Legal base |
Current position |
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Proposal for a Council Regulation on the statute for a European Private Company. COM (2008) 396 final. |
Art.352 (1). Consultation procedure. |
Commission issued draft Directive on 25 June 2008, following social partner consultations. Proposal, which would create a uniform company form that small and medium-sized firms could use to operate across the EU, includes provisions on employee participation arrangements. Discussed in Competitiveness Council on 1 December. EP first reading on 10 March 2009, proposing amendments, including a strengthening of the employee participation requirements. Competitiveness Council heard progress report on 28-29 May and discussed proposal on 4 December, concluding that further work was required (including on participation arrangements) before agreement could be reached. The Hungarian EU Presidency of the first half of 2011 revived discussions and hoped to reach a political agreement on a compromise text at the Competitiveness Council on 30 May, but the required unanimity could not be found, owing partly to opposition from some member states to the employee participation proposals. A new compromise text was put forward for discussion in June. |
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Consultation of the EU-level social partners on revision of the Directive on employee involvement in European Companies. C (2011) 4707. |
Art.154. |
EU Regulation no.2157/2001 created the European Company (known as Societas Europaea, or SE), a form of company that operates on a Europe-wide basis and is governed by EU rather than national law. Regulation was accompanied by a Directive (2001/86/EC) setting out the rules on employee involvement to apply to SEs. The European Commission launched a first-stage social partner consultation on possible revision of the Directive on 5 July 2011. The main aim of any revision would be to "simplify" the arrangements for employee representation in SEs. |
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Consultation of the EU-level social partners on revision of the Directive on employee involvement in European Cooperative Societies. |
Art.154. |
Regulation no.1435/2003 created the European Cooperative Society, a mechanism that allows cooperatives and some other types of organisation and individuals to operate on a European scale, in a similar way to the SE (see previous point) available to public limited companies. As with SEs, an accompanying Directive (2003/72/EC) lays down employee involvement rules. Commission is planning a first-stage social partner consultation on possible revision of this Directive in fourth quarter of 2011. |
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Subject |
Legal base |
Current position |
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Consultation of the EU-level social partners on musculoskeletal disorders at work. |
Art.154. |
Commission launched first consultation of social partners on 12 November 2004, seeking views on whether or not further initiatives were needed in this area. Social partners in agriculture sector reached agreement on reduction of workers' exposure to risk of musculoskeletal disorders on 21 November 2005, partly in response to consultation. Second consultation launched on 14 March 2007 and ended in late April. Commission is planning to propose a single Directive incorporating existing provisions on musculoskeletal disorders at work (currently found in Directives 90/269/EEC and 90/270/EEC) in third quarter of 2011. |
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Consultation of the EU-level social partners on the protection of workers from risks related to exposure to environmental tobacco smoke in the workplace. |
Art.154. |
Commission launched first consultation of social partners on 19 December 2008, seeking views on whether or not EU action is needed. It set out options for both binding and non-binding initiatives on workplace environmental tobacco smoke, including a possible Directive prohibiting smoking at work. Consultation ended in February 2009. In their responses, BusinessEurope opposed new EU legislation and ETUC supported the idea. Commission plans second-stage consultation in fourth quarter of 2011. |
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Proposal for a Directive of the European Parliament and of the Council
on the minimum health and safety requirements regarding the exposure of
workers to |
Art.153. Co-decision procedure. |
Implementation of Directive 2004/40/EC on workers' health and safety in relation to electromagnetic fields, due in 2008, was postponed (by Directive 2008/46/EC) because of concerns that it would hamper effective use of MRI in medicine. European Commission held first consultation of social partners on possible revised Directive in July-August 2009 and second consultation in May-July 2010. Commission proposed Directive repealing and replacing the 2004 Directive on 14 June 2011. |
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Subject |
Legal base |
Current position |
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Legislative initiative on posted workers. |
Arts.52 and 63. Co-decision procedure. |
Commission is planning to propose, in December 2011, an "enforcement Directive" to improve the implementation and application in practice of the Posted Workers Directive (96/71/EC), ensuring the effective respect of posted workers' rights, and clarifying the obligations of national authorities and the role of the social partners. In a linked initiative, the Commission will propose a draft Regulation to clarify the relationship between business freedoms (notably the freedom to provide services in other member states) and workers' fundamental rights (in particular the rights to strike and bargain collectively). |
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Proposal for a Directive of the European Parliament and of the Council on improving the portability of supplementary pension rights. COM (2005) 0507; amended proposal COM (2007) 603 final. |
Arts.42 and 94. Co-decision procedure. |
Commission launched first stage of social partner consultations on 12 June 2002 as part of efforts to reduce obstacles to free movement of workers within EU. Second stage launched on 15 September 2003. Social partners' views diverged on need for negotiations and Commission therefore issued draft Directive on 20 October 2005. EESC Opinion on 20-21 April 2006. Discussed at EPSCO Council on 1-2 June 2006 and 30 November-1 December. At Council on 30-31 May 2007 no agreement on a "general approach" could be reached and it was decided to await the EP first reading and a subsequent amended Commission proposal. EP gave first reading on 20 June. Commission issued amended proposal on 9 October, dropping provisions on transferability of pension rights. Political agreement on common position discussed in EPSCO Council on 5 December, with agreement on all issues except vesting periods. EPSCO Council on 9-10 June 2008 informed that negotiations were continuing. No public Council discussions since. Commission sought views on way forward in consultative Green Paper on pensions, issued in July 2010. Next steps may be outlined in pensions White Paper, due in November 2011. |
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Subject |
Legal base |
Current position |
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Proposal for a Council Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a member state and on a common set of rights for third-country workers legally residing in a member state. COM (2007) 638 final. |
Art.79(2). Co-decision procedure. |
Commission issued draft Directive on 23 October 2007. It aims to: simplify and streamline procedures for all non-EU workers wanting to live and work in the EU by providing a "one-stop-shop" system; and grant all third-country workers residing legally in the member states a common set of employment-related rights, comparable with those of EU nationals. Discussed in Justice and Home Affairs Council on 5 December. CoR Opinion on 18 June 2008. EESC Opinion on 9 July. EP first reading on 20 November, proposing various amendments. Justice and Home Affairs Council reached broad agreement on 27-28 November, but with some issues unresolved. Czech Presidency drew up a new compromise text, which was debated by Justice and Home Affairs Council on 6 April 2009, with agreement to continue talks with a view to adoption as soon as possible. Change of legal basis when Lisbon Treaty came into force in December 2009 means that co-decision procedure now applies. EPSCO Council updated on progress on 6 December 2010. EP gave renewed first reading on 24 March 2011, proposing numerous amendments. Justice and Home Affairs Council discussed proposal on 9-10 June and is holding negotiations with EP to address points of difference. UK has opted out of coverage by Directive. |
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Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer. COM (2010) 378 final. |
Art.79(2). Co-decision procedure. |
Commission issued draft Directive on 13 July 2010. It aims to make it easier for multinational companies temporarily to transfer skilled workers who are not EU nationals from a firm located outside the EU to branches or subsidiaries in the member states, by introducing a common set of rules for a new fast-track entry procedure. Justice and Home Affairs Council held first exchange of views on proposal on 7 October. EPSCO Council updated on progress on 6 December 2010. EP first reading awaited in 2011. Justice and Home Affairs Council discussed proposal on 9-10 June and identified contentious issues on which member states want further discussions. EPSCO Council given progress report on 17 June. UK has opted out of coverage by Directive. |
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Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment. COM (2010) 379 final. |
Art.79(2). Co-decision procedure. |
Commission issued draft Directive on 13 July 2010. It aims to create a common EU-wide procedure, based on uniform criteria and definitions, for admitting seasonal workers from outside the EU, and lay down common rules to govern their stay in the EU. Justice and Home Affairs Council held first exchange of views on proposal on 7 October. EPSCO Council updated on progress on 6 December 2010. EP first reading awaited in 2011. Justice and Home Affairs Council discussed proposal on 9-10 June and identified contentious issues on which member states want further discussions. EPSCO Council given progress report on 17 June. UK has opted out of coverage by Directive. |
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1. Proposals that have been adopted in the past six months are identified with an asterisk. | ||
International policy, practice and law, October 2011
