
Social ministers agree on guidelines for access to social protection
EPSCO Council addresses the initiatives of the Social Fairness Package.
SW – 12/2018
The Employment, Social Policy, Health and
Consumer Affairs Council met once again this year, agreeing on the following outcomes relevant to statutory social security:
Council Recommendation on access to social protection
The ministers
agreed on a Council Recommendation on access to social protection for workers
and the self-employed. The ministers emphasised that the scope of social
security systems should be extended to young people with the aim of closing
existing formal coverage gaps. The ministers stressed the importance of
respecting national competences and the diversity of social security systems in
the Member States.
The Recommendation encourages Member States
to:
- close formal coverage gaps in social protection by allowing all
workers and the self-employed to access social security schemes,
- promote adequate effective coverage by putting in place
measures that allow all workers and the self-employed to build up and utilise
social benefits as members of social security schemes,
- facilitate the transfer of social security
benefits between schemes.
The proposal applies to social protection in
the areas of unemployment, sickness and health care, maternity and paternity, invalidity,
old-age and survivors’ benefits and accidents at work and occupational
diseases. In contrast to the original Commission proposal (see article
3/2018), the Member States are recommended to provide formal
coverage to the self-employed, at least on a voluntary basis. The Commission’s
proposal recommended compulsory insurance for the self-employed, with the
exception of unemployment benefits.
The Recommendation is likely to be formally
put in place mid-next year. Prior to this happening, further procedural steps
at national level are necessary in Germany and the Czech Republic so that the Recommendation
can also be approved at European level.
European Labour Authority
The social
affairs ministers agreed on a common position on the Commission’s proposal to
establish a European Labour Authority (see article
3/2018).
The ministers
support the proposal and its goal of strengthening cooperation between Member
States in the areas of worker mobility and social protection. The ministers
emphasised that the proposal was a further step towards completing the EU single
market, while at the same time improving worker mobility and European social
policy.
They
stressed that the main challenges in the future include achieving an
appropriate balance between the tasks of the Authority and national competences,
as well as the functioning of the mediationmechanism.
In its position, the Council proposes that
the name ‘European Labour Agency’ should be used instead of ‘European Labour
Authority’.
The Council position states that the ELA
should in particular:
1. facilitate access to
information on rights and obligations concerning cross-mobility for workers,
employers and national administrations,
2. support coordination between
Member States in the cross-border enforcement of relevant Union law, including
facilitating concerted and joint inspections,
3. mediate between national
authorities in order to resolve cross-border disputes,
4. facilitate cooperation between
relevant Union and Member State stakeholders in order to find solutions to
labour market disruptions affecting more than one Member State,
5. support cooperation between
Member States in tackling undeclared work.
As opposed to the Commission’s original proposal,
the Council’s position no longer provides for the tasks and bodies of the
Administrative Commission for the Coordination of Social Security Systems to be
transferred to the European Labour Authority. This was one of the main
criticisms from the umbrella associations of Germany’s social security system, particularly
because there are fears that it would result in a loss of expert knowledge and
the growing trust between the Member States in the committees of the
Administrative Commission (see article
8/2018).
The European Parliament’s Committee for Employment
and Social Affairs adopted its report on the Commission’s proposal at its
meeting on 26 November. The Committee’s report also does not provide for the
committees of the Administrative Commission to be transferred to the ELA. On
the basis of the report, the plenary session of the European Parliament voted in favour on its position for interinstitutional negotiations at its meeting on 11
December.
The Austrian Presidency of the Council ends
on 31 December 2018. The Romanian Minister for Labour and Social Justice has
already confirmed his support for the establishment of the European Labour Authority. The Romanian Presidency now will conduct informal trilogues with the European
Parliament and the Commission in order to complete the legislative process.