Expert group provides guidance to member countries.

In June 2021, the EC published a report about implementing EU Directive 2019/1152.

 

The Directive of the European Parliament and the Council dated 20th June 2019 about predictable and transparent working conditions in the EU is a direct consequence of the European Pillar of Social Rights being published. It aims to improve working conditions by promoting more predictable and transparent employment whilst ensuring adaptability in the labour market.

 

As with other directives in the labour law sector, the EC has set up an expert group composed of national experts representing the governments of the 27 member states, the three EEA-EFTAs (Iceland, Liechtenstein and Norway) and the EFTA surveillance authority to provide technical assistance to member states and a forum to discuss and facilitate implementing the directive. The European social partners participated in the group’s work as observers.

A direct reference to social security systems

The directive contains information about the identities of the social security institutions involved, explicitly listing schemes relating to sickness, maternity, paternity and parental benefits, other benefits for accidents at work and occupational diseases as well as old age, invalidity, survivors, unemployment, early retirement and family benefits (Article 4, Para. 2).

 

It is clarified that the information on social security may also cover, where appropriate, supplementary pension schemes within the meaning of Directive 2014/50/EU on minimum requirements and minimum rules for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights, also in regard to Council Directive 98/49/EC on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community. References to the existing information obligations of employers with regard to social security contributions are also included.

Exceptions are possible

The minimum requirements for an employment relationship are mentioned (Articles 8 to 13), however Article 14 also allows the social partners to deviate from these requirements under certain conditions, through collective agreements e.g. However, the general protection of workers must be upheld.

 

Furthermore, Articles 16 and 19 deal with the legal protection to be granted as well as the options available to the member states for sanctioning possible infringements of this directive.

This report is the result of the discussions held by the expert group and is also a factual summary of its deliberations. It is not binding on the commission nor on the members of the group. EU member states now have until 1st August 2022 to incorporate the new rules in their national laws. Germany is on due course to do this.

Click here for the full report.