Tag Archives: Job access

Equal treatment as regards access to employment, vocational training and promotion

Equal treatment as regards access to employment, vocational training and promotion

Outline of the Community (European Union) legislation about Equal treatment as regards access to employment, vocational training and promotion

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Equality between men and women

Equal treatment as regards access to employment, vocational training and promotion

The purpose of this Directive is to ensure equal treatment for men and women in respect of access to employment, vocational training and career advancement, as well as working conditions.

Document or Iniciative

Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions [See amending acts].

Summary

The principle of equal treatment means that there should be no discrimination whatsoever on the grounds of sex, either directly or indirectly, by reference in particular to marital or family status. Member States may, however, exclude from the Directive’s scope occupational activities for which, by reason of their nature, or the context in which they are carried out, the sex of the worker constitutes a determining factor.

The Directive is without prejudice to provisions concerning the protection of women (pregnancy, maternity), or to measures to remove existing inequalities which affect women’s opportunities in the areas covered by the Directive.

Application of the principle means that there should be no discrimination on grounds of sex in the conditions, including selection criteria, for access to all jobs or posts at all levels of the hierarchy.

The principle applies to access to all types and all levels of vocational guidance, basic and advanced vocational training and retraining.

Application of the principle to working conditions, including conditions governing dismissal, means that men and women must be guaranteed the same conditions.

Member States must take the measures necessary to ensure that:

  • any laws, regulations and administrative provisions contrary to the principle of equality are abolished or amended if they were originally based on a concern for protection which is no longer well-founded;
  • inappropriate provisions included in collective agreements, individual contracts of employment, the internal rules of undertakings or rules governing independent professions can be declared null and void or amended.

Labour and management must be requested to undertake the revision of such provisions in collective agreements.

Persons wronged by failure to apply the principle must have the right to pursue their claims by judicial process.

Employees must be protected against dismissal by the employer as a reaction to a complaint within the undertaking or to any legal proceedings aimed at enforcing compliance with the principle of equal treatment.

The provisions adopted pursuant to this Directive and the relevant provisions already in force must be brought to the attention of employees by all appropriate means.

Member States must periodically assess the occupational activities excluded from the field of application of the Directive in order to decide, in the light of social developments, whether there is justification for maintaining the exclusions concerned. They must forward all necessary information to the Commission by the stipulated deadline, to enable it to draw up a report on the application of the Directive.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

Directive 76/207/EEC

9.2.1976

12.8.1978

OJ L 39 of 14.2.1976

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2002/73/EC [adoption: codecision COD/2000/0142]

23.9.2002

5.10.2005

OJ L 269 of 5.10.2002

Directive 2006/54/EC repealing Directive 76/207/CEE from 14.8.2009 [adoption: codecision COD/2004/0084]

15.8.2006

15.8.2008

OJ L 204 of 26.7.2006

The successive amendments and corrigenda to the Regulation have been incorporated into the original text. This consolidated versionis of mere documentary value.

Related Acts

Report from the Commission to the Council and the European Parliament of 29 July 2009 – Report on the application of Directive 2002/73/EC of the European Parliament and the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions [ final – Not published in the Official Journal].
This Report was produced by the Commission based on information received from the Member States. The majority of Member States made progress in implementing Directive 2002/73/CE. The main legislative changes shall ensure:

  • access to legal and administrative procedures before and after the labour relationship has ended;
  • the right to legal recourse by any organisation which has legitimate interest in acting on behalf of, or in support of, a victim of discrimination;
  • victims are protected from victimisation as well as third parties assisting the victim.

However, some Member States are still required to amend their legislation significantly, specifically with regard to compensation or reparation for loss or damage and sanction schemes. The Directive provides for the establishment or development of organisations responsible for ensuring and promoting equality. However, their visibility amongst the general public must be improved in the majority of Member States.
The Report stresses that participation of all the stakeholders involved is essential, whether they are employers, representatives from trade unions or civil society organisations. The 2007 European Year of Equal Opportunities for All and financing from the structural funds have also significantly contributed to promoting equality.

Youth employment: opportunities

Youth employment: opportunities

Outline of the Community (European Union) legislation about Youth employment: opportunities

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Education training youth sport > Youth

Youth employment: opportunities

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 20 December 2011 – Youth Opportunities Initiative [COM(2011) 933 final — Not published in the Official Journal].

Summary

This Communication presents the current situation regarding youth employment in the European Union (EU) and proposes solutions for tackling the high levels of unemployment in this age category.

Current situation of youth employment

It is becoming harder for young people to find work in a context of rising unemployment. In some EU countries, the rate of youth unemployment may reach 40 %. This Communication notes that a total of 7.5 million people in the 15-24 age group are neither in employment nor in education or training.

Although unemployment is high, many posts remain vacant. This situation points to labour market mismatches in the EU. Between now and 2020, there will be 73 million job openings due to retirement of workers, which should be filled by young people with the necessary skills.

The European Commission has identified several factors in youth unemployment:

  • early school leaving without qualifications;
  • lack of relevant skills and lack of work experience;
  • precarious employment followed by spells of unemployment;
  • limited training opportunities;
  • insufficient/inappropriate active labour market programmes.

Faced with this problem, the Commission proposes to examine national policies and performances. It also plans to provide financial support to national and cross-border actions.

Objectives for fostering youth employment

For the year 2012, the Commission encourages Member States to concentrate on the following objectives:

  • Preventing early school leaving: the 2020 Strategy aims to reduce early school leaving from 14 % to 10 %. One of the tools proposed for achieving this objective is the Council Recommendation of 28 June 2011 concerning policies for reducing early school leaving. The Recommendation advocates measures which combine prevention, intervention and compensation.
  • Developing skills that are relevant to the labour market: young people should acquire the skills required by the world of work as part of their studies. With regard to budget, Member States are requested to plan efficient expenditure for education and vocational training. The Agenda for new skills and jobs proposes in particular a European Skills, Competences and Occupations classification to bring the worlds of education and employment closer together. Furthermore, the Digital Agenda should enable young people’s ICT skills to be improved.
  • Supporting a first work experience and on-the-job training: the Commission believes that apprenticeships and good quality placements in enterprises need to be developed in order to enable young people to acquire skills and experience. Social partners must help young people to target their skills better in their job searches.
  • Getting a first job: the Commission wants to improve young people’s access to the labour market. To this end, Member States are requested to reform employment protection legislation in consultation with social partners. In addition, the Commission wants to encourage self-employment of young people so that they create their own companies.

Actions to be taken to encourage an active youth population

In order to improve young people’s access to employment, the Commission suggests several courses of action:

  • Using the European Social Fund: a portion of the structural funds (European Regional Development Fund (ERDF) and European Social Fund (ESF)) representing EUR 79 billion should be allocated to education and employment measures. However, new approaches need to be developed in order to support participation of young people in apprenticeship/traineeship programmes.
  • Improving the transition from school to work: it is crucial that the link between education and vocational training is improved through dual/twin-track learning and apprenticeships. Some projects already exist through the ‘Leonardo da Vinci’ programme; however, this Communication specifies that businesses must make a stronger commitment in this area. The Commission plans to present a framework in 2012 aimed at encouraging the provision and take-up of high quality traineeships, as well as a preparatory action for ‘Activation measures targeting young people’.
  • Supporting the mobility of young people in the labour market: the Commission wants to take inspiration from the success of the ‘Erasmus’ programme to encourage more mobility and efficiency in the labour market. To this end, a preparatory action (‘Your first EURES job’) already exists, which aims to support young people and employers through transnational recruitment and job placements. The Commission also aims to strengthen the European Voluntary Service during the last two years of the ‘Youth in action’ programme. A new European Voluntary Humanitarian Aid Corps will be set up.