Forms of precarious employment in the EU: state of the art and relevant legislation Workshop on stepping up coordination on collective bargaining to better fight precarious work in the EFFAT sectors, Portugal 16-18 March Janine Leschke, European Trade Union Institute, Brussels
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Janine Leschke, European Trade Union Institute, Brussels
Forms of precarious employment in the EU: state of the art and relevant legislation Workshop on stepping up coordination on collective bargaining to better fight precarious work in the EFFAT sectors, Portugal 16-18 March. Janine Leschke, European Trade Union Institute, Brussels. - PowerPoint PPT Presentation
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Forms of precarious employment in the EU: state of the art and relevant legislation
Workshop on stepping up coordination on collective bargaining to better fight precarious work in the EFFAT sectors, Portugal 16-18 March
Janine Leschke, European Trade Union Institute, Brussels
2) Illustration of developments in precarious employment: ● Part-time, fixed-term, temporary agency work, ● In-work poverty and trade union density
3) European initiatives on precarious employment:● Directives on part-time, fixed-term work and temp agency work● Employment Strategy and OMCs including flexicurity discussion
Precariousness often related to contract form: Fixed-term employment Temporary agency work Seasonal work Part-time and particularly marginal employment (Bogus) self-employment Undeclared work etc.
Certain groups overrepresented:e.g. women, youth, migrant workers
●Lisbon Strategy developments●Part-time employment●Temporary employment ●Temp. agency work●In-work poverty by contract type●Trade union density among non-standard workers
Developments in employment, unemployment and non-standard employment over the last 10 years (EU27*)
Data source: European Labour Force Survey. For agency work penetration rate Ciett 2010.*Data on agency work penetration rates based on average of 22 EU27 countries + Norway and Switzerland.
Agency work penetration rate by country, 2008 and 2009
Data source: Ciett 2010. Defined as number of full-time equivalents as supplied by Ciett Natioanl Federations divided by the total active working population.
Wrapping up statistical analysis on non-standard employment
● Large contribution to employment growth over last decade● Large heterogeneity in extent between countries ● Often involuntary● Strong crisis impact● Certain labour market groups more affected● more likely to be in-work poor ● lower trade union density, ● fewer access to social security, training and lifelong learning (not
European social partners have concluded framework agreements on flexible employment
The framework agreements have been implemented as directives
They address the employment conditions of non-standard workers: Improving the quality of non-standard employment Facilitate the development of flexible forms of working
Member states have to comply with the directives (they may maintain or introduce more favourable provisions)
In the case of temporary agency work social partner negotiations failed, draft proposal by the European Commission
Purpose: removal of discrimination improve quality of part-time work facilitate development of part-time work on a voluntary basis contribute to the flexible organization of working time
Scope:● All part-time workers● Except:
● Member States may exclude part-time workers on a casual basis
Principle of equal treatment:● all employment conditions● principle of pro rata temporis● access to particular conditions of employment may be subject to a
period of service, time worked or earnings qualification
Council directive 99/70/EC on fixed-term work (II)
Employment opportunities and information:
● Inform about vacancies● Training opportunitites, career development, occupational mobility● Information to worker representative bodies● Fixed-term workers taken into consideration in calculating thresholds –
Directive 2008/104/EC on temporary agency work (I)
Directive preceeded by lengthy discussions Purpose: ensure protection of temp workers equal treatment as regards basic working and employment conditions
including pay from the first day of employment, unless a social partner derogation applies
establishing suitable framework for the use of temp agency work with view to contributing to creation of jobs and development of flexibel work forms
Scope:● Triangular relationship between the temporary-work agency (employer),
temporary agency worker and user undertaking (firm) (temporary assignment)
Principle of equal treatment:● basic working and employment conditions should be at least those which
would apply to such workers if they were recruited by the user undertaking to occupy the same job
Directive 2008/104/EC on temporary agency work (II)
Basic working and employment conditions: ● duration of working time, overtime, breaks, rest periods, night work,
(public) holidays, PAY● It‘s up to the MS whether occupational social security schemes are
included in basic working conditions
Employment opportunities and information:● equal access to collective facilities in the user company ● improved access to training and child-care facilities in periods between
assignments, in order to improve employability● the right to be informed about permanent employment opportunities in
Coordination of employment policies in Europe: ESS and flexicurity (I)
European Employment Strategy (EES)● Ambitious employment rate targets (benchmarks)● Use of Open Method of Coordination
● Employment guidelines and quant/qual targets, national reform programmes, monitoring and recommendations, mutual learning and peer review
● Since 2007 flexicurity plays an important role in the EES● Key role in modernising labour markets and contributing to
employment rate target achievement
Recalling common principles of flexicurity ● flexible and reliable contractual arrangements ● comprehensive lifelong learning strategies ● effective active labour market policies ● modern social security systems
Coordination of employment policies in Europe: ESS and flexicurity (II)Flexicurity remains a key feature of the EU2020 strategy● Included in the ‘Flagship initiative for new skills and jobs‘● Four common principles remain in place but are filled with more concrete
meaning:● reducing LM segmentation (with regard to contracts, life-long learning,
ALMPs and social security); focus on internal flexibility; ‘making transitions pay‘; bigger role for social partners
● Regular monitoring and assesment of flexicurity policies across the EU
Latest developments:● Employment guidelines include explicit call for better social protection for
fixed-term and self-employed workers● Focus on the role of the PES with regard to Flexicurity● Idea of a “single contract”
● Open-ended with job protection increasing with tenure (e.g. through gradual rise of severance payment rights)
● Employment protection would gradually converge to that of current permanent contracts
● European and national level promotion of non-standard employment, strong rise in these employment forms
● Certain labour market groups over-represented● Crisis impacts
● First phase: better inclusion● Second phase: austerity packages with focus on LM and social policies
● Role of EES? – ambitious employment rate target, employment creation often by way of non-standard work
● Contribution of flexicurity to developments in precarious employment? ● In the past focus on flexibility rather than security● EU2020 current focus on reducing LM segmentation
● Role for social transfers, statutory minimum wage, life-long-learning and ALMP measures, work-life balance policies, etc.
● Role for trade unions at European and national level (organising precarious workers and including them in collective bargaining)