News
BackThe Ministers for Health and Social Affairs met in Brussels this week. The Employment Council should have been the icing on the cake of the Swedish Presidency – far from it! Although there were many dossiers on the agenda, the Council meeting was dominated by orientation debates, the introduction of working documents, the acceptance of conclusions and the approval of statements. Only two political agreements were achieved - on the Parental Leave Directive and on the so-called “Self-Employed Directive“.
Swedish Presidency started in July with great ambitions – it failed, however, to make a significant impact
The Swedes, who took over the Presidency in July, set the bar far too high, as it has now turned out. The aim was to finalize six legislative dossiers on employment and social affairs; in the end the Swedes just managed two. One must, however, say in their defence that they made an effort, but that political consent can only then be reached, when both Council and Parliament agree. This proved to be more difficult than was originally anticipated. The Parental Leave Directive is an exception, whereby, however, it has to be said that its full contents had already been adopted by the European social partners in June this year. The Council had no opportunity of making changes to its contents. The only choices provided by the EU Treaty are acceptance or rejection. Now the Parental Leave Directive has been adopted and brings with it an extension of the parental leave from currently 3 to 4 months, whereby one month cannot be transferred. The idea is to also encourage men to take their share of parental leave. There will also be improvements with regard to returning from parental leave. Payments, however, will remain a matter of the Member States.
No agreement on maternity leave, anti-discrimination and Microfinance
No agreement was reached under the Swedish Presidency at the Employment Council regarding the Directive on maternity leave. The fronts between Parliament and Council are simply too hardened. Parliament demands much more than the Council would like to see. The same applies to the “Microfinance Directive“. This was supposed among others to create an instrument for the unemployed, which would have enabled them to gain access to micro loans. Well-intentioned, but the crucial point still is how to finance such a scheme. The views of both Parliament and Council as to where the money is supposed to be coming from are too far apart. The new Anti-Discrimination Directive, which was supposed to guarantee protection against discriminations outside the working place, has also not been finalized. The problem here is the required unanimity in the Council. All Member States must be in agreement. Germany is and remains one of the vehement opponents of this Directive. Only a status report in Council was presented on this matter. The Self-Employed Directive was adopted. This results in the equal treatment of men or women, who work in a self-employed capacity or who contribute to self-employed work. The Directive applies to self-employed persons and their spouses. On application, contributory spouses receive the same social protection as self-employed persons. The current Directive on maternity leave will then also apply to self-employed persons and their spouses.
Spain takes over Presidency on 1.1.2010
Commencing on 1.1.2010, Spain will continue the agenda on social and employment issues. One can only hope that they will succeed in driving forward and quickly finalizing still open dossiers. Perhaps the Spaniards have greater negotiation skills than the Sweden; one can only hope that they succeed.
Further Information:
Press release on the Employment Council
The Swedes, who took over the Presidency in July, set the bar far too high, as it has now turned out. The aim was to finalize six legislative dossiers on employment and social affairs; in the end the Swedes just managed two. One must, however, say in their defence that they made an effort, but that political consent can only then be reached, when both Council and Parliament agree. This proved to be more difficult than was originally anticipated. The Parental Leave Directive is an exception, whereby, however, it has to be said that its full contents had already been adopted by the European social partners in June this year. The Council had no opportunity of making changes to its contents. The only choices provided by the EU Treaty are acceptance or rejection. Now the Parental Leave Directive has been adopted and brings with it an extension of the parental leave from currently 3 to 4 months, whereby one month cannot be transferred. The idea is to also encourage men to take their share of parental leave. There will also be improvements with regard to returning from parental leave. Payments, however, will remain a matter of the Member States.
No agreement on maternity leave, anti-discrimination and Microfinance
No agreement was reached under the Swedish Presidency at the Employment Council regarding the Directive on maternity leave. The fronts between Parliament and Council are simply too hardened. Parliament demands much more than the Council would like to see. The same applies to the “Microfinance Directive“. This was supposed among others to create an instrument for the unemployed, which would have enabled them to gain access to micro loans. Well-intentioned, but the crucial point still is how to finance such a scheme. The views of both Parliament and Council as to where the money is supposed to be coming from are too far apart. The new Anti-Discrimination Directive, which was supposed to guarantee protection against discriminations outside the working place, has also not been finalized. The problem here is the required unanimity in the Council. All Member States must be in agreement. Germany is and remains one of the vehement opponents of this Directive. Only a status report in Council was presented on this matter. The Self-Employed Directive was adopted. This results in the equal treatment of men or women, who work in a self-employed capacity or who contribute to self-employed work. The Directive applies to self-employed persons and their spouses. On application, contributory spouses receive the same social protection as self-employed persons. The current Directive on maternity leave will then also apply to self-employed persons and their spouses.
Spain takes over Presidency on 1.1.2010
Commencing on 1.1.2010, Spain will continue the agenda on social and employment issues. One can only hope that they will succeed in driving forward and quickly finalizing still open dossiers. Perhaps the Spaniards have greater negotiation skills than the Sweden; one can only hope that they succeed.
Further Information:
Press release on the Employment Council