Opinion on the Proposal on Transparent and Predictable Working Conditions in the European Union Repealing Directive 91/553/EEC

CEEP Opinion on the Proposal on Transparent and Predictable Working Conditions in the European Union Repealing Directive 91/553/EEC.

Executive Summary

• CEEP opposes changing the purpose of the Written Statement Directive from an information instrument to a rights-based framework Directive. The proposed minimum requirements relating to working conditions are new rights seen in a European perspective, as they have always been core elements of national laws and collective agreements and contracts.
• The Proposal conflicts with the principle of subsidiarity, i.e. the principle that EU decisions should be taken as close to citizens as possible. There are great differences between EU Member States regarding both what constitutes balanced working conditions and how the labour market is regulated. The EU Proposal would constitute excessive interference with the labour market model of several Member States, especially those regulating working conditions by collective agreements.
• In Europe, we have a vast variety of social- and labour market models and different traditions. Many of CEEP’s members have a strong and long-standing tradition for wage and working conditions to be regulated by social partners through collective agreements. It ensures flexibility and adaptability in relation to labour market developments, the differences in the different sectors and a balance of both parties’ interests.
• CEEP emphasizes the necessity to respect the social partners’ autonomy and their right to negotiate and conclude collective agreements at the appropriate level as stated in Principle 8 of the European Social Pillars Rights.
• CEEP finds it unfortunate that the European Commission introduces within its proposal the definitions for employees and employers in order to define the employment relationship within the scope of article 2. This approach takes a different path from the long tradition of the application of EU Social Law, which is by definition in the hands of the Member States.
• CEEP agrees with the principle that workers should have the right to be informed about their rights and obligations resulting from the employment relationship in a timely and comprehensible manner. At the same time, the obligations imposed on the employer should be realistic and feasible. CEEP suggests several adaptations to allow of a sound application of the Directive without creating a disproportionate administrative burden for both the employer and the worker.
• CEEP acknowledges the need for protection of workers that are not covered by a collective agreement and the need for minimum rights for those. Nonetheless it is very important that this Directive ensures the right for national social partners to enter into collective agreements that are not governed by the minimum provisions. An agreement made by national social partners must be regarded as a guarantee of secure and fair working conditions and the European Court of Justice should honor the content of such collective agreements. Conditions in collective agreements cannot be seen in isolation, but must be seen as a whole, giving regard to all conditions in collective agreements that apply to a worker.