Tag Archives: Working conditions

Promoting decent work for all

Promoting decent work for all

Outline of the Community (European Union) legislation about Promoting decent work for all

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Employment and social policy > Social inclusion and the fight against poverty

Promoting decent work for all


Another Normative about Promoting decent work for all

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Employment and social policy > Employment and social policy: international dimension and enlargement

Promoting decent work for all

Document or Iniciative

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 24 May 2006 – Promoting decent work for all – the EU contribution to the implementation of the decent work agenda in the world [COM(2006) 249 final – Not published in the Official Journal].

Summary

Decent working conditions contribute to development, good governance and economic performance. For many emerging and developing countries, globalisation and economic growth do not result in improvements in social conditions or respect for human rights or a reduction in poverty.

This Communication proposes political guidelines to strengthen the EU contribution to the decent work agenda of the International Labour Organisation (ILO). It champions a global approach in order to act both on the defence of fundamental social rights and on the conditions of economic and social development. This strategy should be adapted to the situation of each country.

Acting through external policies

Enlargement policy and the pre-accession strategy make it possible to strengthen:

  • trade union freedom, collective bargaining and the capacity of trade unions;
  • labour administration, especially labour inspectorates and social protection;
  • health and safety at work.

Neighbourhood policy is a gradual process which involves in particular:

  • commitments in the area of fundamental social rights;
  • regular political dialogue with the EU;
  • the integration of decent work in the cooperation instruments and cooperation between partner countries and EU agencies.

The EU promotes decent work and social dialogue as part of its regional and bilateral relations. These issues have been integrated into the cooperation agreements with Latin America, the African, Caribbean and Pacific countries (ACP) and India. They are part of political discussions with Asian countries, especially the Asia-Europe discussions (ASEM).

In the context of development cooperation, the European Consensus on Development identifies decent work as a priority. The European programmes support the following in particular:

  • integrating decent work into development strategies and strategies to combat poverty;
  • the participation of the social partners and civil society;
  • improving the capacity of the authorities and civil society;
  • budgetary support and social adjustment for countries involved in trade liberalisation;
  • development of small and medium-sized enterprises;
  • cooperation of partners and the international and regional organisations concerned.

European external trade policy contributes to sustainable development. The new Generalised System of Preferences (GSP) enables the EU to promote fundamental social rights. Future bilateral or multilateral trade negotiations should take account of:

  • the GSP+ for good governance and sustainable development;
  • the assessment of the impact of opening trade;
  • the mobilisation of European external aid policies and instruments;
  • the interaction between trade, social rights and employment;
  • the promotion of cooperation between the World Trade Organisation (WTO), the United Nations Conference on Trade and Development (UNCTAD) and the ILO.

International governance

International organisations and international financial institutions should take account of existing connections between decent work and economic migration, and of the level of trade, economic growth and investment.

Corporate social responsibility (CSR)

Enterprises have a role which complements legislation, collective bargaining and control of working conditions. The drafting of codes of conduct and CSR instruments should be encouraged. They should be based on standards recognised at international level.

Related Acts

Commission working document – Report on the EU contribution to the promotion of decent work in the world [SEC(2008) 2184 final – Not published in the Official Journal].
Since 2006, European institutions have mobilised on the issue of decent work and progress has been made at global level. In particular, the processes of ratification and development of ILO conventions have made progress. A number of challenges lie ahead:

  • recognition of decent work as a priority of international development and poverty reduction objectives;
  • labour market transition to a low carbon economy;
  • applying the ILO conventions and improving labour market governance, despite the importance of the informal economy in most of the emerging or developing countries.

Communication from the Commission to the European Council – Strategic report on the renewed Lisbon strategy for growth and jobs: launching the new cycle (2008-2010) – Keeping up the pace of change [COM(2007) 803 final – Not published in the Official Journal].

Joint declaration by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on the development policy of the European Union entitled “The European Consensus on Development [Official Journal C 46 of 24.2.2006].

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – The Social Dimension of Globalisation – The EU’s policy contribution on extending the benefits to all [COM(2004) 383 final – Not published in the Official Journal].

EUROPEAN SOCIAL AGENDA

Communication from the Commission to the European Parliament, the European Economic and Social Committee and the Committee of the Regions – Renewed social agenda: Opportunities, access and solidarity in 21st century Europe [COM(2008) 412 final – Not published in the Official Journal].
Communication from the Commission on the Social Agenda [COM(2005) 33 final – Not published in the Official Journal].

Combating trafficking in human beings

Combating trafficking in human beings

Outline of the Community (European Union) legislation about Combating trafficking in human beings

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Justice freedom and security > Fight against trafficking in human beings

Combating trafficking in human beings

This framework decision aims to approximate the laws and regulations of European Union (EU) countries in the field of police and judicial cooperation in criminal matters relating to the fight against trafficking in human beings. It also aims to introduce common framework provisions at European level in order to address issues such as criminalisation, penalties and other sanctions, aggravating circumstances, jurisdiction and extradition.

Document or Iniciative

Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings.

Summary

Since the adoption in 1997 of a joint action by the Council concerning action to combat trafficking in human beings and the sexual exploitation of children, a considerable number of initiatives have been developed at both national and regional levels. The Vienna Action Plan and the Tampere European Council called for additional provisions to further regulate certain aspects of criminal law and criminal procedure.

Moreover, in December 2000, at the signing conference in Palermo, Antonio Vitorino, a Member of the Commission acting on behalf of the Community, signed the United Nations Convention against Transnational Organised Crime and the two Protocols against trafficking in persons and the smuggling of migrants by land, air and sea.

With this framework decision, the Commission wishes to complement the existing instruments used to combat trafficking in human beings, including the:

  • French initiatives on facilitation of unauthorised entry, movement and residence relating to the smuggling of migrants (Directive 2002/90/EC and Framework Decision 2002/946/JHA);
  • STOP and Daphné action programmes;
  • European Judicial Network;
  • exchange of liaison magistrates.

The Commission takes the view that trafficking in human beings is a crime against the person with a view to the exploitation of that person.

Article 1 defines the concept of trafficking in human beings for the purpose of labour or sexual exploitation. EU countries must punish any form of recruitment, transportation, transfer or harbouring of a person who has been deprived of his/her fundamental rights. Thus, all criminal conduct that abuses the physical or mental vulnerability of a person will be punishable. The victim’s consent is irrelevant where the offender’s conduct is of a nature that would constitute exploitation within the meaning of the framework decision, that is, involving the:

  • use of coercion, force or threats, including abduction;
  • use of deceit or fraud;
  • abuse of authority or influence or the exercise of pressure;
  • offer of payment.

Instigating trafficking in human beings and being an accomplice or attempting to commit a crime will be punishable.

Penalties provided for by national legislation must be “effective, proportionate and dissuasive.” By setting the maximum penalty at no less than eight years of imprisonment, the Commission makes it possible to apply other legislative instruments already adopted for the purpose of enhancing police and judicial cooperation, such as Joint Action 98/699/JHA on money laundering, the identification, tracing, freezing, seizing and confiscation of the instrumentalities and the proceeds from crime and Joint Action 98/733/JHA on making it a criminal offence to participate in a criminal organisation. A custodial sentence will only be imposed in the circumstances where the:

  • victim’s life has been endangered;
  • victim was particularly vulnerable (for example, due to his/her age);
  • crime is committed within the framework of a criminal organisation as defined by Joint Action 98/733/JHA.

In addition, the framework decision introduces the concept of criminal and civil liability of legal persons in parallel with that of natural persons. Legal persons will be held liable for offences committed for their benefit by any person acting either individually or as part of the organ of the legal person, or who exercises a power of decision.

Penalties on legal persons will be “effective, proportionate and dissuasive”; they will include criminal or non-criminal fines and specific sanctions, such as a temporary or definitive ban on commercial activities, a judicial dissolution measure or the exclusion from public benefits or advantages.

Child victims of trafficking are entitled to special assistance, in accordance with Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings.

In order that the crime does not go unpunished because of a conflict of jurisdiction, the decision introduces criteria on jurisdiction. An EU country will have jurisdiction where the:

  • offence is committed on its territory (territoriality principle);
  • offender is a national (active personality principle);
  • offence is committed for the benefit of a legal person established in the territory of that EU country.

The second criterion is particularly important for countries that refuse to extradite their nationals, since they must take the necessary measures to prosecute their nationals for offences committed outside their territory.

This framework decision repeals Joint Action 97/154/JHA as regards combating trafficking in human beings.

The framework decision is applicable to Gibraltar.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Framework Decision 2002/629/JHA

1.8.2002

1.8.2004

OJ L 203 of 1.8.2002

Related Acts

Report from the Commission to the Council and the European Parliament of 2 May 2006 based on Article 10 of the Council Framework Decision of 19 July 2002 on combating trafficking in human beings [COM(2006) 187 final – Not published in the Official Journal].

Communication from the Commission to the European Parliament and the Council of 18 October 2005 – Fighting trafficking in human beings: an integrated approach and proposals for an action plan [COM(2005) 514 final – Not published in the Official Journal].
This communication aims to strengthen the commitment of the EU to preventing and combating trafficking in human beings. The Commission is seeking to further reinforce the commitment of the EU and its countries to preventing and combating trafficking in human beings committed for purposes of sexual or labour exploitation, and to protect, support and rehabilitate victims. It believes that trafficking in human beings cannot be effectively tackled unless an integrated approach is adopted, based on respect for human rights and taking into account the global nature of the problem. Such an approach calls for a coordinated policy response particularly in the areas of freedom, security and justice, external relations, development cooperation, employment, gender equality and non-discrimination.

Gender equality in the labour market

Gender equality in the labour market

Outline of the Community (European Union) legislation about Gender equality in the labour market

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Employment and social policy > Equality between men and women

Gender equality in the labour market

Document or Iniciative

Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) [Official Journal L 204 of 26.7.2006].

Summary

Equality between men and women is a fundamental principle of European law which applies to all aspects of life in society, including to the world of work.

Equality in employment and working conditions

This Directive prohibits direct or indirect discrimination * between men and women concerning the conditions of:

  • recruitment, access to employment and self-employment;
  • dismissals;
  • vocational training and promotion;
  • membership of workers’ or employers’ organisations.

In addition, the Treaty on the Functioning of the EU (Article 157) prohibits discrimination on grounds of sex on matters of pay for the same work or work of equal value. This principle also applies to job classification systems used for determining pay.

However, different treatment for men and women may be justified by reason of the nature of the particular occupational activity, if the measures taken are legitimate and proportionate.

Member States shall encourage employers and vocational trainers to act against discrimination on grounds of sex, and particularly against harassment and sexual harassment *.

Equality in social protection

Women and men are treated equally under occupational social security schemes, particularly concerning:

  • the scope and conditions of access to the schemes;
  • the contributions;
  • the calculation of benefits, including supplementary benefits, and the conditions governing the duration and retention of entitlement.

This principle applies to the whole working population, including:

  • self-employed workers, however for this category Member States may provide for different treatment, in particular concerning the age of retirement;
  • workers whose activity is interrupted by illness, maternity, accident or involuntary unemployment;
  • persons seeking employment, retired and disabled workers, and those claiming under them.

Parental leave

At the end of maternal, paternal or adoption leave, employees have the right to:

  • return to their jobs or to equivalent posts on conditions which are no less favourable to them;
  • benefit from any improvement in working conditions to which they would have been entitled during their absence.

Defence of rights

Member States must put in place remedies for employees who have been victims of discrimination, such as conciliation and judicial procedures. In addition, they shall take the necessary measures to protect employees and their representatives against adverse treatment as a reaction to a complaint within the undertaking or to any legal proceedings.

Lastly, they shall establish penalties and reparation or compensation possibilities in relation to the damage sustained.

In the case of legal proceedings, the burden of proof is on the party accused of discrimination who must prove that there has been no breach of the principle of equal treatment.

Promoting equal treatment

Member States appoint bodies whose role it is to promote, analyse and monitor equal treatment, to ensure that the legislation is followed and also to provide support to victims of discrimination.

In addition, enterprises must promote the principle of gender equality and strengthen the role of social partners and non-governmental organisations.

Key terms of the Act
  • Direct discrimination: where one person is treated less favourably on grounds of sex than another is, has been or would be treated in a comparable situation.
  • Indirect discrimination: where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, criterion or practice is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.
  • Harassment: where unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
  • Sexual harassment: where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2006/54/EC

15.8.2006

15.8.2008

OJ L 204, 26.7.7

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.

Driving time in the road transport sector

Driving time in the road transport sector

Outline of the Community (European Union) legislation about Driving time in the road transport sector

Topics

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Internal market > Motor vehicles > Technical implications of road safety

Driving time in the road transport sector

Document or Iniciative

Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85.

Summary

This Regulation shall apply to the carriage by road of goods by vehicles with a total mass exceeding 3.5 tonnes and to the transport by road of passengers by vehicles which are adapted for carrying more than nine persons.

Some vehicles which fall into these categories are, however, exempted from the Regulation, i.e.:

  • vehicles used for carrying passengers on regular services where the route covered by the service does not exceed 50 kilometers (these vehicles do not need to be equipped with a tachograph *, but this Regulation makes provision for controls on the basis of service timetables and duty rosters);
  • vehicles with a maximum speed not exceeding 40 kilometres per hour;
  • vehicles belonging to the armed services, civil defence services, fire services, and forces responsible for maintaining public order;
  • vehicles used in humanitarian aid, emergencies or rescue operations;
  • breakdown vehicles operating within a 100 km radius;
  • vehicles undergoing road tests for technical development;
  • vehicles not exceeding 7.5 tonnes used for the non-commercial carriage of goods;
  • vehicles which have an historical status and are used for non-commercial purposes.

European Union (EU) Member States can also decide to grant other exemptions subject to individual conditions on their own territory. These are for vehicles:

  • belonging to the public authorities provided they do not compete with private transport undertakings;
  • used by agricultural, horticultural, forestry, farming or fishery undertakings within a 100 km radius;
  • with a maximum permissible mass not exceeding 7.5 tonnes within a 50 kilometre radius used by universal service providers or for carrying materials for the driver’s use in the course of their main activity;
  • not exceeding 7.5 tonnes and propelled by gas or electricity within a 50 km radius;
  • operating on small islands which are not linked to the national territory;
  • used for driving instruction and examination;
  • used in connection with activities relating to services of general interest, radio and television broadcasting, road maintenance and certain controls;
  • for the non-commercial carriage of 10 to 17 passengers;
  • for the specialised transport of circus and funfair equipment;
  • for mobile projects, for use as an educational facility;
  • used for milk collection and the return of milk intended for animal feed;
  • specialised for transporting money and/or valuables;
  • carrying animal waste not intended for human consumption;
  • used exclusively in ports or railway terminals;
  • used for the carriage of animals between farms, markets and slaughterhouses within a radius of 50 km.

Drivers and drivers’ mates must be at least 18, except in certain circumstances for trainee drivers’ mates for whom the minimum age is 16.

Area of application

The Regulation shall apply to all cross-border and international transport carried out exclusively within the territory of the EU, or between the EU, Switzerland and the countries party to the Agreement on the European Economic Area (EEA).

The EU is a signatory of the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) concluded in 1970 under the framework of the International Labour Organization. The scope of this agreement is wider than the current Regulation. It also applies to vehicles registered in third countries which are not contracting parties to the AETR when they travel in the area covered by the agreement.

Driving time

Driving time is subject to a number of rules, i.e.:

  • the daily driving time * should not exceed nine hours. Twice a week, this may be extended to ten hours;
  • the weekly driving time * shall not exceed 56 hours;
  • the total driving time during any two consecutive weeks shall not exceed 90 hours;
  • the driver should record as other work on the tachograph any work time during which he is not driving, as well as any time spent driving a vehicle not falling within the scope of this Regulation and the journey time on a ferry or train when he has no access to a bunk or couchette;
  • after driving for four and a half hours a driver shall take an uninterrupted break * of not less than 45 minutes or of 15 minutes followed by 30 minutes over the same period;
  • a compulsory weekly rest period of at least 45 hours (regular weekly rest period) or 24 hours (reduced weekly rest period);
  • if, over the course of two consecutive weeks, a driver can take only one reduced weekly rest period, the reduction shall be compensated for by an equivalent period of rest taken en bloc before the end of the third week;
  • between two weekly rest periods *, a driver may not take more than 3 reduced daily rest periods *;
  • where a driver chooses to do this, daily rest periods and reduced weekly rest periods may be taken in a vehicle. On the condition that the vehicle is stationary and has suitable sleeping facilities;
  • when a driver takes a rest period where the vehicle is transported by ferry or train, that period may be interrupted not more than twice for a maximum of one hour in total. The driver should also have access to a bunk or couchette.

Liabilities

Transport undertakings or other bodies offering the same service must ensure that their drivers are able to comply with Regulation (EEC) No 3821/85 on the tachograph:

  • they may not award bonuses related to distances travelled or the amount of goods carried if that payment is such as to endanger road safety.
  • they must ensure that transport time schedules are in line with this Regulation and that data from digital tachographs are downloaded at the right time and kept for at least 12 months.

Transport undertakings shall be liable for infringements committed by drivers of the undertaking. Except in cases where it cannot reasonably be held responsible, such as when a driver working for more than one transport undertaking has not provided sufficient information for them to be able to comply with this Regulation.

Exceptions

A Member State may:

  • after approval by the Commission, authorise exceptions for some transport operations in, from or to areas of its own territory with a population density of less than five persons per square kilometre;
  • grant an exception for a period not exceeding 30 days in urgent cases and for transport operations carried out entirely on their territory;
  • subject to approval by the Commission, grant an exemption in exceptional circumstances for transport operations carried out entirely on their territory.

The driver may not comply with the Regulation so as to enable the vehicle to reach a suitable stopping place. However, he must indicate the reason for his journey manually on the record sheet or on a printout from the digital tachograph. In addition, under certain conditions, a driver carrying out an occasional international passenger transport service may push back his weekly rest period of 12 consecutive days, starting from the previous regular rest period.

Control procedures and sanctions

Member States shall lay down penalties in order to ensure compliance with the Regulation on their territory. They may:

  • impose financial penalties on transport undertakings which have committed infringements;
  • immobilise a vehicle if the infringement is of a kind that is liable to endanger road safety;
  • compel the driver to take a daily rest period;
  • withdraw, suspend or restrict an undertaking’s licence or a driver’s driving licence;

In order to ensure that a driver is not penalised twice for the same infringement, Member States must provide the driver with written evidence of the penalty, which the driver is obliged to keep and produce on request. In addition, Member States shall endeavour to remain informed about infringements committed by non-residents and penalties imposed on its residents for ones committed in other Member States.

Background

The Regulation aims to improve road safety and working conditions in the road transport sector, a sector subject to competitive pressures. To this end, the Regulation lays down simpler and more effective provisions, replacing those in the former Regulation (EEC) No 3820/85.

Key terms used in the act
  • Tachograph: the equipment recording the driving time.
  • Daily driving time: total accumulated driving time between two daily rest periods, or between a daily and weekly rest period.
  • Weekly driving time: total accumulated driving time between 00.00 on Monday and 24.00 on Sunday.
  • Break: period during which a driver may recuperate. During this period, he may neither drive nor carry out any other work.
  • Rest: any uninterrupted period during which a driver may freely dispose of his time.
  • Daily rest period: compulsory rest period during each 24-hour period (30 hours for multi-manning), which must last at least 11 hours (regular daily rest period) or 9 hours (reduced daily rest period).
  • Weekly rest period: compulsory rest period, which must start no later than at the end of six 24-hour periods from the end of the previous weekly rest period and last at least 45 hours (regular weekly rest period) or 24 hours (reduced weekly rest period).

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 561/2006

11.4.2007, with the exception of Article 10(5), Article 26(3) and (4), and Article 27, which enter into force on 1.5.2006

OJ L 102 of 11.4.2006

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1073/2009

4.12.2009, with the exception of a partial application see Article 31

OJ L 300 of 14.11.2009

Related Acts

Council Regulation (EEC) No 3821/85 of the Council of 20 December 1985 on recording equipment in road transport [Official Journal L 370 of 31.12.1985].

Posting of workers in the framework of the provision of services

Posting of workers in the framework of the provision of services

Outline of the Community (European Union) legislation about Posting of workers in the framework of the provision of services

Topics

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

Internal market > Single market for services

Posting of workers in the framework of the provision of services

Document or Iniciative

Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services [See amending acts].

Summary

The Directive applies to undertakings which, in the framework of the transnational provision of services, post workers to the territory of a Member State, provided there is an employment relationship between the undertaking making the posting and the worker during the period of posting:

  • on their account and under their direction, under a contract concluded between the undertaking making the posting and the party for whom the services are intended;
  • to an establishment or to an undertaking owned by the group;
  • as a temporary employment undertaking, to a user undertaking.

For the purposes of the Directive, “posted worker” means a worker who, for a limited period, carries out his/her work in the territory of a Member State other than the State in which he/she normally works. The definition of a worker is that which applies in the law of the Member State to whose territory the worker is posted.

Working conditions

Member States must ensure that undertakings guarantee posted workers a central core of mandatory protective legislation laid down in the Member State in which the work is carried out:

  • by law, regulation or administrative provision and/or;
  • by collective agreements or arbitration awards * which have been declared universally applicable, in so far as they concern the activities set out in the Directive’s annex.

Conditions of work and employment to be covered are:

  • maximum work periods and minimum rest periods;
  • minimum paid annual holidays;
  • minimum rates of pay, including overtime rates;
  • the conditions of hiring-out of workers, in particular the supply of workers by temporary employment undertakings;
  • health, safety and hygiene at work;
  • protective measures with regard to the terms and conditions of employment of pregnant women or women who have recently given birth, of children and of young people;
  • equality of treatment between men and women and other provisions on non-discrimination.

Derogations

Member States may derogate from the immediate implementation of the rules on:

  • minimum rates of pay in the case of work lasting for a maximum of one month provided that this work is not carried out by temporary employment undertakings;
  • minimum rates of pay and holidays in the case of an “insignificant” amount of work to be done, provided that this work is not carried out by temporary employment undertakings;
  • minimum rates of pay and holidays in the case of initial assembly and/or first installation of the goods provided when the maximum duration of the work does not exceed eight days. This derogation does not, however, apply to the building industry.

Calculation of salary

Allowances specific to the posting are considered to be part of the minimum wage, unless they are paid in reimbursement of expenditure actually incurred on account of the posting.

Equal treatment

Member States may provide that undertakings must guarantee temporarily posted workers the same terms and conditions which apply to temporary workers in the Member States where the work is carried out.

Cooperation in the area of information and duty to provide information

Member States must designate one or more liaison offices or one or more competent national bodies and notify the other Member States and the Commission accordingly.

Member States must make provision for cooperation between the public authorities which, in accordance with national legislation, are responsible for monitoring terms and conditions of employment. Mutual administrative assistance is provided free of charge.

Each Member State must take the appropriate measures to make the information on terms and conditions of employment generally available and to ensure that adequate procedures are available to workers and/or their representatives for the enforcement of obligations under the Directive.

In the event of non-compliance with these terms and conditions of employment, Member States shall, if necessary, also take the appropriate measures.

Redress

In order to enforce the right to the terms and conditions of employment guaranteed by the Directive, judicial proceedings may be instituted in the Member State in whose territory the worker is or was posted.

Background

The European Union wishes to remove the uncertainties and obstacles impeding the free provision of services, as provided for in Article 49 of the EC Treaty, by increasing the protection of posted workers.

However, during the last two waves of EU enlargement in 2004 and 2007, the Acts of Accession introduced transitional arrangements for Germany and Austria. They enable the countries to cope with the risk of disruption in certain vulnerable sectors, and to limit the posting of workers in relation to the provision of services and for as long as they apply restrictions on the free movement of workers and have informed the Commission. The new Member States may take reciprocal measures where Germany and Austria depart from Article 49 of the EC Treaty.

The transitional arrangements which enable Member States to restrict access to the labour market to workers coming from the new Member States, with the exception of Cyprus and Malta, do not allow Member States to derogate from Article 49 of the EC Treaty and therefore restrict the posting of workers.

Key terms used in the act
  • Collective agreements or arbitration awards which have been declared universally applicable: These must be observed by all undertakings in the geographical area and in the profession or industry concerned.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 96/71/EC [adoption codecision COD/1991/346]

10.2.1997

16.12.1999

OJ L 18 of 21.1.1997


Amending act(s)
Entry into force Deadline for transposition in the Member States Official Journal
Annexes V , VI , VIII , IX , X , XII , XIII , and XIV : Lists referred to in Article 24 of the Acts of Accession to the European Union of the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia.

1.5.2004

OJ L 236 of 23.9.2003

Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded (Official Journal L 157 of 21.06.2005).

1.1.2007

OJ L 157 of 21.6.2005

Subsequent amendments and corrections to Directive 96/71/EC have been incorporated in the basic text. This consolidated version (FR ) has a purely documentary value”.

Related Acts

EFFECTIVE IMPLEMENTATION OF THE DIRECTIVE / MONITORING

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions – Posting of workers in the framework of the provision of services: maximising its benefits and potential while guaranteeing the protection of workers [COM(2007) 304 final – Not published in the Official Journal].
Directive 96/71/CE ensures a high level of security for service providers, posted workers and service users. This Communication refers to the application of the Directive in the Member States.

The Commission highlights the importance of access to information and administrative cooperation between the State of origin and the host State. The progress achieved in these areas should enable the obstacles to the freedom to provide services to be removed. However, the advancements are insufficient and workers are not sufficiently informed of their rights.

Impediments for posted workers who are nationals of third countries also still exist, as they can be subject to visa requirements or residence permits. However, in cases where the service provider is established in a Member State, no administrative formality or additional conditions should be imposed.

However, certain measures may be required in order to ensure the protection of posted workers and compliance with the rules of general interest on the condition that they are proportionate and justified. In particular, this relates to certain control measures implemented at national level and in compliance with Article 49 of the EC Treaty on the freedom to provide services.

Communication from the Commission of 4 April 2006 – Guidance on the posting of workers in the framework of the provision of services [COM(2006) 159 final – Not published in the Official Journal].

Communication from the Commission of 25 July 2003 on the implementation of Directive 96/71/EC in the Member States [COM(2003) 458 final – Not published in the Official Journal].

Obligation to inform employees of applicable working conditions

Obligation to inform employees of applicable working conditions

Outline of the Community (European Union) legislation about Obligation to inform employees of applicable working conditions

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 > Employment rights and work organisation

Obligation to inform employees of applicable working conditions

Document or Iniciative

Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship.

Summary

The Directive applies to all paid employees with a contract or employment relationship defined and/or governed by the law in force in a Member State. Member States may exclude from its scope workers who have a contract or employment relationship:

  • with a total duration not exceeding one month or with a working week not exceeding eight hours; or
  • of a casual and/or specific nature where there are objective considerations justifying non-application of the Directive.

Obligation to provide information

Employers must provide employees with the following fundamental information:

  • identity of the parties;
  • place of work;
  • title, grade, nature or category of work or brief job specification;
  • date of commencement of contract or employment relationship;
  • in the case of a temporary contract or employment relationship, its expected duration;
  • amount of paid leave or procedures for allocating and determining such leave;
  • periods of notice to be observed by the employer and the employee should their contract or employment relationship be terminated or, where this cannot be indicated, method for determining such periods of notice;
  • basic amount, and other components of remuneration and frequency of payment;
  • employee’s normal working hours;
  • any relevant collective agreements.

Means of information

The information may be set out in a written contract of employment, in a letter of engagement or in one or more other written documents. These must be given to the employee within two months of commencement of employment, failing which the employee must be given a written declaration signed by the employer.

Expatriate employees

Employees required to work in another country must be in possession before departure of one of the documents referred to in point 3, which must include the following additional information:

  • duration of employment abroad;
  • currency to be used for payment of remuneration;
  • any benefits attendant on the employment abroad;
  • where appropriate, the conditions governing the employee’s repatriation.

These provisions do not apply where the duration of employment abroad is one month or less.

Any change to the terms of the contract or employment relationship must be recorded in writing.

The Directive does not affect the Member States’ prerogative to apply or introduce provisions which are more favourable to employees.

Background

The aim of the Directive is to protect employees against possible infringements of their rights, in view of the increase in the number of types of employment relationship, by establishing at Community level the obligation for employers to inform employees in writing of their conditions of employment.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 91/533/EEC 28.10.1991 30.6.1993 OJ L 288 of 18.10.1991

Equal treatment of temporary workers

Equal treatment of temporary workers

Outline of the Community (European Union) legislation about Equal treatment of temporary workers

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 > Social dialogue and employee participation

Equal treatment of temporary workers

Proposal

Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work.

Summary

Temporary workers * are employed by a temporary-work agency * and temporarily placed at the disposal of user undertakings *. In terms of the basic working and employment conditions, the temporary workers and the workers recruited directly by the undertaking for the same type of post receive equal treatment.

This Directive applies to public and private temporary-work agencies, and to user undertakings engaged in economic activities whether or not they are operating for gain. After consulting social partners, Member States may decide that the Directive does not apply to employment contracts within certain public programmes, specifically vocational training, integration or retraining.

Working and employment conditions

The principle of equal treatment applies to the basic working and employment conditions relating to:

  • the duration of working time, overtime, breaks, rest periods, night work, holidays and public holidays;
  • pay.

Workers receive equal treatment with regard to:

  • the protection of pregnant women and nursing mothers;
  • the protection of children and young people;
  • equal treatment for men and women;
  • protection against discrimination based on sex, race or ethnic origin, religion, beliefs, disabilities, age or sexual orientation.

However, Member States may authorise the social partners to define specific working and employment conditions for temporary workers.

After consulting the social partners, Member States may also provide the option to derogate from the principle of equal pay for temporary workers who have a permanent contract of employment (PCE) and who continue to be paid between two postings *.

Access to employment, training and services

Temporary workers must be free to conclude an employment contract with the user undertaking at the end of their posting. They must therefore be kept informed of vacancies for permanent employment. Their participation in training programmes must be encouraged, whether within the temporary-work agency or the user undertaking.

Access to the amenities and collective services of the user undertaking (specifically canteens, childcare facilities and transport) must be open to them, and in principle under the same conditions as other workers.

Representation and information

Bodies representing workers are constituted according to a threshold calculated using the number of employees in an undertaking or establishment. Temporary workers are taken into account in this calculation within the temporary-work agency which employs them. However, Member States may also decide to count them within the user undertaking.

When a user undertaking presents the employment situation to the social partners, it must provide information on the temporary workers.

Penalties

Member States must lay down effective, proportionate and dissuasive penalties in the event of infringements of national provisions enacted under this Directive. They should also ensure that legal or administrative recourse exists in case of breaches of the obligations of this Directive.

Context

Members States shall review the restrictions or prohibitions applicable to temporary work by 5 December 2011 at the latest. These limitations may be justified only on grounds of the general interest.

Key terms used in the act
  • Temporary worker: a person with a contract of employment or an employment relationship with a temporary-work agency with a view to being posted to a user undertaking to work temporarily under its supervision.
  • Posting: the period during which the temporary worker is placed at the user undertaking to work temporarily under its supervision.
  • Temporary-work agency: any natural or legal person who concludes contracts of employment or establishes employment relationships with workers in order to post them to user undertakings for temporary postings.
  • User undertaking: any natural or legal person for whom and under the supervision of whom a temporary worker works temporarily.

References

Act Entry into force Deadline for transposition into the Member States Official Journal

2008/104/EC

5.12.2008

5.12.2011

OJ L 327 of 5.12.2008

Reassessing the regulatory social framework for more and better seafaring jobs in the EU

Reassessing the regulatory social framework for more and better seafaring jobs in the EU

Outline of the Community (European Union) legislation about Reassessing the regulatory social framework for more and better seafaring jobs in the EU

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 > Social protection

Reassessing the regulatory social framework for more and better seafaring jobs in the EU

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and Committee of the Regions of 10 October 2007, entitled Reassessing the regulatory social framework for more and better seafaring jobs in the EU (first phase consultation of the social partners at Community level provided for in Article 138(2) of the Treaty) [COM(2007) 591 final – Not published in the Official Journal].

Summary

The maritime sector is currently developing in a highly globalised context, and there is an already extensive body of international conventions and standards applicable to it.

The European Union (EU) strongly supports efforts and initiatives aimed at strengthening international rules, such as the conventions of the International Labour Organization (ILO) on maritime labour (2006) and on work in fishing (2007).

The Commission is seeking to promote ratification (authorised by Council Decision 2007/431/EC) and enforcement of these international standards with a view to completing EU internal and external policies.

European social legislation

EU social regulations make provision for a number of exclusions or derogations affecting workers in maritime professions. Four situations exist, namely:

  • non-exclusion (lack of specific provisions in general instruments);
  • specific legislation or general instruments containing specific provisions;
  • the possibility for Member States to introduce exclusions in their national legislation when transposing general directives. This situation concerns Directives 2002/74/EC, 94/45/EC and 2002/14/EC;
  • exclusion from the scope of application. This is the case of Directives 98/59/EC, 2001/23/EC and 96/71/EC.

As regards the latter two categories, the Commission is calling for a more detailed analysis, and concludes that certain exclusions might not be totally justified insofar as they make no contribution to the application of specific solutions that are better adapted to the workers’ concrete situation. Where sufficiently strong reasons exist to maintain the existing exclusions or derogations, consideration should be given to whether specific EU legislation for the sector would be a better solution. Such a solution should guarantee to seafaring professions the same level of protection as that enjoyed by other workers under the general directive. In that case, the particular legal conditions applying in the Member States need to be examined in order to make sure that the seagoing professions enjoy adequate levels of protection. Such an examination is relevant particularly in the case of conditional exclusions, which oblige Member States to establish more specific regulations or alternative guarantees, ensuring the same level of protection.

Health and Safety

Generally speaking, in EU legislation, those in the seafaring professions enjoy the same levels of protection in terms of health and safety as workers in other sectors. Furthermore, directives specific to the sector supplement the general directives, such as the directive concerning the minimum safety and health requirements for work on board fishing vessels. This latter directive applies only to fishing vessels with a length between perpendiculars of 15 m or over. Therefore, the Commission is promoting the development of non-restrictive tools (good practices) aimed at improving practical implementation of existing Community legislation on the protection of health and safety of fishermen on board small fishing vessels.

Free movement of workers and coordination of social security

According to case-law, the provisions of the EC Treaty on the free movement of workers are also applicable to maritime transport. On the one hand, as regards coordination of social security schemes, Community legislation provides that workers and members of their families do not lose their social security protection when moving within the Community. This also applies to third-country workers legally resident in the EU and in a situation that is not confined in all respects within a single Member State.

Role of social dialogue

The social partners have regularly addressed issues relating to the improvement of onboard safety and welfare and are promoting the adoption of a strong European position. They are currently involved in negotiations with a view to reaching a European agreement transposing relevant provisions of the ILO Maritime Labour Convention. A similar approach could be envisaged as far as promoting application of the recent ILO Work in Fishing Convention is concerned.

Within the context of the current consultation process, the Commission invites the social partners in the maritime sector to state their position regarding the issues raised in the Communication.

Background

The Commission has called for a comprehensive maritime policy as part of its strategic objectives for 2005-2009. Current consultations are taking place as an extension of the 2006 Green Paper on future maritime policy. This raised the issue of the exclusion of the maritime sector from certain parts of European social and labour legislation.

Community programme for employment and solidarity – PROGRESS

Community programme for employment and solidarity – PROGRESS

Outline of the Community (European Union) legislation about Community programme for employment and solidarity – PROGRESS

Topics

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

Anti-discrimination and relations with civil society

Community programme for employment and solidarity – PROGRESS (2007-2013)

Document or Iniciative

Decision No 1672/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community Programme for Employment and Social Solidarity — PROGRESS [Official Journal L 315 of 15.11.2006] [See amending act(s)].

Summary

Up to now, Community activities in the fields of employment, social inclusion and protection, promoting gender equality and the principle of non-discrimination have been supported by separate action programmes.

With a view to improving coherence and efficiency, the European Commission has proposed to group these subjects together in a single framework programme known as PROGRESS.

GENERAL OBJECTIVES

The programme has six objectives:

  • to improve knowledge and understanding of the social situation of the Member States through analysis, evaluation and close monitoring of policies;
  • to support the development of statistical tools and methods and common indicators;
  • to support and monitor the implementation of legislation and policy objectives;
  • to promote networking, mutual learning, and the identification and dissemination of good practice at EU level;
  • to make stakeholders and the general public aware of European Union (EU) policies in the fields of employment, social protection and inclusion, working conditions, diversity and non-discrimination, and equality between men and women;
  • to boost the capacity of the key EU networks to promote and support EU policies.

STRUCTURE: FIELDS OF ACTIVITY AND TYPES OF ACTION

The programme is divided into the following five sections:

  • employment;
  • social protection and inclusion;
  • working conditions;
  • diversity and combating discrimination;
  • equality between women and men.

The programme will finance the following types of action:

  • analyses;
  • mutual learning, awareness-raising and dissemination activities;
  • support for the main players; i.e. contributing to the operating costs of the main networks in the Union, the formation of working groups, funding training seminars, creating networks of specialist bodies and observatories at EU level, staff exchanges between national administrations and cooperation with international institutions.

The programme has a list of operational objectives for each of the sections.

Employment

The objective of this section is to support implementation of the European Employment Strategy by:

  • improving understanding of the employment situation, in particular through analyses and studies and the development of statistics and indicators;
  • monitoring and evaluating the implementation of the European Employment Guidelines and Recommendations and analysing the interaction between the EES and other policy areas;
  • organising exchanges on policies and processes and promoting mutual learning in the context of the EES;
  • reinforcing awareness-raising, disseminating information and promoting debate, in particular among regional and local players and the social partners.

Social protection and inclusion

This section will support the implementation of the Open Method of Coordination in the field of social protection and inclusion by:

  • improving understanding of poverty issues and social protection and inclusion policies, in particular through analyses and studies and the development of statistics and indicators;
  • monitoring and evaluating the implementation of the Open Method of Coordination in the field of social protection and inclusion and analysing the interaction between this method and other policy areas;
  • organising exchanges on policies and processes and promoting mutual learning in the context of the social protection and inclusion strategy;
  • raising awareness, disseminating information and promoting debate, in particular among NGOs and regional and local players;
  • developing the ability of the main EU networks (e.g. of national experts or NGOs) to pursue the EU’s policy objectives.

Working conditions

This section will support the improvement of the working environment and conditions, including health and safety at work, by:

  • improving the understanding of the situation in relation to working conditions, in particular through analyses and studies and the development of statistics and indicators, as well as assessing the impact of existing legislation, policies and practices;
  • supporting the implementation of EU labour law through reinforced monitoring, training of practitioners, development of guides and networking amongst specialised bodies;
  • initiating preventive actions and fostering the prevention culture in the field of health and safety at work;
  • raising awareness, disseminating information and promoting the debate about the main challenges and policy issues relating to working conditions.

Diversity and combating discrimination

This section will support the effective implementation of the principle of non-discrimination and promote its mainstreaming in EU policies by:

  • improving understanding of the discrimination situation, in particular through analyses and studies and the development of statistics and indicators, as well as assessing the impact of existing legislation, policies and practices;
  • supporting the implementation of EU anti-discrimination legislation through reinforced monitoring, training of practitioners and networking amongst specialised bodies dealing with combating discrimination;
  • raising awareness, disseminating information and promoting the debate about the main challenges and policy issues in relation to discrimination and the mainstreaming of anti-discrimination in EU policies;
  • developing the ability of the main EU networks (e.g. of national experts or NGOs) to pursue the Union’s policy objectives.

Gender equality

This section will support the effective implementation of the principle of gender equality and promote gender mainstreaming in EU policies by:

  • improving the understanding of the situation in relation to gender equality issues and gender mainstreaming, in particular through analyses and studies and the development of statistics and indicators, as well as assessing the impact of existing legislation, policies and practices;
  • supporting the implementation of EU gender equality legislation through reinforced monitoring, training of practitioners and networking amongst specialised equality bodies;
  • raising awareness, disseminating information and promoting debate about the main challenges and policy issues in relation to gender equality and gender mainstreaming;
  • developing the ability of the main EU networks (e.g. of national experts or NGOs) to pursue the Union’s policy objectives.

ACCESS TO THE PROGRAMME AND PARTICIPATION BY THIRD COUNTRIES

Access to this programme is open to all public and/or private bodies, players and institutions, in particular:

  • Member States;
  • public employment services;
  • local and regional authorities;
  • specialised bodies provided for under EU legislation;
  • the social partners;
  • non-governmental organisations organised at EU level;
  • universities and research institutes;
  • experts in evaluation;
  • the national statistical institutes;
  • the media.

The programme is also open to the EFTA/EEA countries, associated candidate countries and countries of the western Balkans participating in the stabilisation and association process.

TYPES OF ASSISTANCE AVAILABLE

Actions may be funded by:

  • a service contract following a call for tenders;
  • a partial subsidy following a call for proposals. In this case, the EU co-financing may not, as a general rule, exceed 80 % of the total expenditure incurred by the recipient.

FINANCING

The budget proposed is EUR 683 250 000 million for the period 2007-2013. The breakdown of funding between the different sections will comply with the following lower limits:

  • Employment 23 %
  • Social protection and inclusion 30 %
  • Working conditions 10 %
  • Diversity and combating discrimination 23 %
  • Gender equality 12 %.

The remaining 2 % will be used to cover programme management expenses.

A budget of EUR 60 million has been allocated to the new microfinance facility Progress for employment and social inclusion for the period 2007-2013.

SIMPLIFICATION

The proposed approach will contribute to the key objective of simplifying instruments, in both legal and management terms, and streamlining the budget structure.

In the implementation of the programme, the Commission will be assisted by a single Programme Committee, instead of four as previously.

MONITORING AND EVALUATION

The Commission will draw up annual activity reports and send them to the Programme Committee. The programme will also be subject to a mid-term evaluation. An ex-post evaluation covering the whole programme will be carried out, one year after it ends, by the Commission with the assistance of external experts, in order to measure the impact of the programme objectives and its EU added value.

BACKGROUND

In its 2004 communication on the new financial framework for 2007-2013, the Commission identified the implementation of the social policy agenda as an important tool contributing to the goal of competitiveness for growth and employment.

In order to achieve the Lisbon objectives, the social policy agenda is based on a combination of instruments, in particular legislation, the Open Method of Coordination, European social dialogue, and the European Social Fund and other financial instruments managed directly by the Commission.

PROGRESS responds to the Commission’s desire to simplify and rationalise the financial instruments in the area of employment and social policy.

References

Act Entry into force and expiry date Deadline for transposition in the Member States Official Journal

Decision 1672/2006/EC

1.1.2007 – 31.12.2013

OJ L315 of 15.11.2006

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

Decision 284/2010/EU

8.4.2010

OJ L 87 of 7.4.2010

Related Acts


Decision 283/2010/UE of the European Parliament and of the Council of 25 March 2010 establishing a European Progress Microfinance Facility for employment and social inclusion [Official Journal L 87 of 7.4.2010].
The new Progress microfinance facility shall finance:

  • the creation of businesses or self-employment by persons excluded from the labour market and persons who do not have access to the conventional credit market;
  • micro-enterprises who employ persons who are socially excluded.

This instrument is aimed at public and private bodies who offer microfinance to individuals or micro-enterprises.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 3 June 2009 – “A Shared Commitment for Employment” [COM(2009) 257 final – Not published in the Official Journal].