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On 21 June 2018, the Council agreed its negotiating position (general approach) on the directive on work-life balance for parents and carers. On the basis of this mandate, the Council Presidency will start negotiations with the European Parliament once the latter has adopted its position.
"Men and women throughout Europe should be able to fulfil their full potential, both at work and in their family lives. With this directive, the EU will make it easier for men and women to share the joys and burdens of parenting or caring for relatives while continuing to pursue a career."
Biser Petkov, Minister for Labour and Social Policies
The aim of this proposal is to improve access to work-life balance arrangements, such as leave and flexible working arrangements for parents and carers. It should boost the take-up of family-related leave by men, which will help increase female labour market participation.
The directive would introduce new minimum standards on paternity leave, with fathers or second parents being able to take at least 10 working days of leave around the time of the birth of the child, paid at a level defined by the member state concerned.
It would also update the minimum standard on parental leave, keeping the existing individual right of 4 months but with 2 non-transferable months, with at least 1.5 months to be paid at a level set by the member state concerned.
The directive would introduce an individual right to carers' leave, previously not recognised at EU level.
It would also extend the right to request flexible working arrangements for parents, until the child is at least 8 years old, as well as for carers. Parents and carers could ask, for example, for flexible working hours or working patterns and for the right to work remotely.
| Council of the European Union | |
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Coordination of social security systems: Council agrees general approach
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On 21 June 2018, the Council agreed its negotiating position (general approach) on the coordination of social security systems (revision of regulations 883/2004 and 987/2009). On the basis of this mandate, the Council Presidency will start negotiations with the European Parliament once the latter has adopted its position.
"The coordination of social security systems plays a key role in ensuring that the free movement of people works in practice. This update of the rules will make them clearer, fairer and easier to enforce."
Biser Petkov, Minister for Labour and Social Policies
The revision of the regulations on coordination of social security systems aims at modernising the rules by bringing them in line with the development of national social security systems, as well as making them clearer, fairer and simpler to enforce. This will make it easier for people to move freely within the EU.
The draft amending regulation focuses on five areas: unemployment benefits, long-term care benefits, access to benefits for economically inactive persons, family benefits and applicable legislation for posted workers and persons working in two or more member states. It also includes a number of other smaller amendments.
On unemployment benefits, the draft amending regulation updates rules on aggregation, exportability and the coordination of unemployment benefits for frontier and cross-border workers:
- It allows for member states to extend the period jobseekers are allowed to export their unemployment benefits up to the end of the period of their entitlement to benefits, instead of the current limit of 6 months.
- It encourages a closer tie between the labour market of the member state responsible for providing unemployment benefits and the unemployed person by allowing member states to require someone to work for at least one month on their territory before aggregating the previous periods they worked prior to claiming unemployment benefits. Otherwise the member state in which that person worked earlier, if they worked there for at least one month becomes responsible for aggregation.
- It establishes a closer link between the labour market of the member state responsible for providing unemployment benefits and the unemployed person by switching the member state responsible for paying unemployment benefits from the member state of residence to the member state of last employment if the person worked there for at least 3 months.
The draft amending regulation reflects the impact of the aging society and the increasing role long term-care benefits play in national social security systems. In order to increase legal certainty, it clarifies the rules under which long-term care benefits can be coordinated. A stable regime for long-term care benefits coordination will contribute to facilitating the mobility of those in need of long-term care and persons caring for them.
Changes regarding family benefits aim to promote shared child raising responsibilities and remove potential financial disincentives for parents who reduce their working hours to take care of their child during the same period. The proposal distinguishes between family benefits in cash intended to replace income not earned due to child-raising and all other family benefits.
On applicable rules for posted workers, the proposed changes aim to ensure legal clarity and combat fraud by introducing:
- a period of prior affiliation and a time period between consecutive postings, as being at least 3 months and at least 2 months respectively
- clear criteria for determining the location of the registered office or place of business of the employer of a posted worker
- the possibility for retroactive withdrawal or rectification of a document in case of fraud or error
On access to benefits for economically inactive persons, the draft amending regulation aims to ensure legal clarity by referring to relevant recent case law.
| Council of the European Union | |
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Transparent and predictable working conditions: Council reaches general approach
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On 21 June 2018, the Council agreed its negotiating position (general approach) on the directive on transparent and predictable working conditions. On the basis of this mandate, the Council Presidency will start negotiations with the European Parliament once the latter has adopted its position.
"New ways of working can bring many advantages to both workers and the economy. However, we have to make sure that we are also able to address any issues which may arise. This draft directive defines a number of minimum rights for workers as part of the response to the challenges of these new forms of employment."
Biser Petkov, Minister for Labour and Social Policies
This draft directive addresses challenges brought by developments in the world of work, including growing flexibilisation of the labour market and, in particular, the increase in the number of 'non-standard' forms of employment, such as temporary employment, part-time and on call work, zero hours contracts, on demand and multi-party employment. New forms of employment are often not as regular or stable as traditional employment relationships, and can lead to reduced predictability for the workers concerned, creating uncertainty over applicable rights and social protection. It can even lead to situations where the workers are put in a very dependant and precarious situation, with uncertainty as to when and if they will work the next day.
The draft directive includes revised obligations to inform workers of the essential aspects of their work, in a written form and in a timely manner. The timing for the receipt of this information has been reduced from two months to a week for initial basic information, and at last a month after the first working day for the rest of the information. This includes information on the place of work, type of work, working time, remuneration, amount of paid leave, the institution receiving the social security contributions, training entitlement, and the procedure for terminating employment. One of the novelties is that if the worker's work pattern is unpredictable, the employer will still have to indicate the reference period in which the worker may be required to work and the minimum advance notice.
A number of minimum rights for workers are also defined, including the right:
- to limit to 6 months the duration of the probationary period at the beginning of the job
- to take up another job with a different employer in parallel
- to know reasonably in advance when work will take place
- to ask for a more secure job and receive a written reply from the employer
- to receive mandatory training cost-free
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| Council of the European Union | |
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Main results - EU-Armenia Partnership Council, 21/06/2018
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| The first Partnership Council discussed EU-Armenia relations; the EU-Armenia comprehensive and enhanced partnership agreement and priorities of the EU-Armenia partnership; and economic, trade and sectoral cooperation. A joint press statement was issued after the meeting.
| Council of the European Union | |
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Posting of workers: Council adopts the directive
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On 21 June 2018, the Council adopted the revision of the posting of workers directive.
The aim of the revised directive is to facilitate the transnational provision of services, whilst ensuring fair competition and respect for the rights of those workers who are employed in one member state and sent to work temporarily in another by their employer (posted workers).
More specifically, the directive aims at ensuring fair wages and a level playing field between posting and local companies in the host country whilst maintaining the principle of free movement of services.
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