Update EU legislative affairs Pearle conference Geneva – agenda point May 2009

EMPLOYMENT & SOCIAL AFFAIRS 1. WORKING TIME DIRECTIVE What? Directive aiming at protecting H&S of workers, by establishing minimum rules on working time (2003) Why a review? ECJ Simap & Jaeger case: on-call time Other points of discussion: -Opt-out -Reference period -Work – family life balance -Multiple contract Position Council and EP (focus H&S protection) too far from each other => no agreement in conciliation phase Result: current legislation remains into force  Commission to come with a new proposal P58882

EMPLOYMENT & SOCIAL AFFAIRS 2. PREGNANT WORKERS DIRECTIVE Impact assessment – EC proposal for revision in framework of work-life balance package -Extension minimum length maternity leave from 14 to 18 weeks -Full pay during 18 weeks -More rights (to come back/ to adapt working patterns / to return to same job) Legal basis = equal treatment (originally: H & S at work) State of play: EP on 6 May decided to postpone vote (argument leading committee to be Empl) Council: debate – particularly dual legal basis is at discussion P58883

EMPLOYMENT & SOCIAL AFFAIRS 3. REVISION OF THE PARENTAL LEAVE DIRECTIVE Cross-industry social partner agreement Proposal from Commission following consultation (work family life balance) Start negotiations: September 2008 – agreement to be reached in June 2009 Parental leave possibly to be prolonged from 3 to 4 months Income : non-negotiable for employers – to be dealt with at national level P58884

EMPLOYMENT & SOCIAL AFFAIRS 4. PROPOSAL FOR A NON-DISCRIMINATION COUNCIL DIRECTIVE BEYOND THE WORKPLACE Discrimination on grounds of age, disability, sexual orientation and religion or belief beyond the workplace  Equal treatment of i.e. Access to and supply of goods & services available to the public State of play: ◦ EP opinion adopted in April, amendments of interests: -Access for persons with disabilities to e.g. culture and leisure, buildings open to the public -Permitted differences in treatment (free or reduced tariffs in culture…) ◦ Council: > Swedish presidency But 15/05 Businesseurope: letter to Czech presidency (competitiveness Council) to drop the proposal P58885

EMPLOYMENT & SOCIAL AFFAIRS 5. DISCRIMINATION AT THE WORKPLACE AND RETIREMENT AGE : OPINION FROM ECJ Age of retirement : competence of MS EU competence : equal treatment (Employment Equality directive) ECJ opinion UK-Age Concern: -an age limit for retirement is justifiable -the law does not need to list cases where differences of treatment on the ground of age is allowed (discrimination), when correct procedure has been followed See Pearle* in-house paper on this item P58886

EMPLOYMENT & SOCIAL AFFAIRS 6. COORDINATION OF SOCIAL SECURITY SYSTEMS Coordination / implementation Legislative process finalised (EP 2nd reading) Objective: modernisation of existing rules -More effective and closer cooperation between social security institutions -Simplifying and improving transparency of financial procedures -Flexibility and effectiveness in setting the rules P58887

THIRD-COUNTRY NATIONALS: IMMIGRATION PACKAGE 1. BLUE CARD ‘council directive on conditions of entry and residence of third-country nationals for the purpose of highly qualified employment’ purpose = attracting the best mobile brains State of play: Legislative process terminated Very limited scope of workers (Wage / Senior Position) Initially promising >< result: not of use for our sector 2. Council directive for a SINGLE APPLICATION procedure for third-country nationals for residence and work and common set of rights when longer than 6 months P58888

THIRD-COUNTRY NATIONALS 3. Directive on Sanctions against employers of illegally staying third-country nationals State of play: - EP voted in favour on19/02 - Last point of discussion sub-contracting: agreement EP & Council (to be dealt with in future legislation) P58889