1. Challenges for updating EU labour law… and opportunities
Catherine Barnard
Trinity College
Cambridge

2. The range and scope of existing EU Employment Rights
Equality
Art. 157 TFEU on equal pay
Dir 79/7 on social security
Dir 2006/54 equal pay and treatment
Dir 2000/43 on race and ethnic origin
Dir on disability, sexual orientation, age etc
Dir 2010/41 on self-employed
Family friendly
Dir 92/85 on pregnant workers
Dir 97/81 on part-time work
Dir 99/70 on fixed term work
Dir 2008/104 agency work
Dir 2010/18 parental leave
Working time
Dir 2003/88 working time
Dir 94/33 young workers
Dir 2000/79 on Working time in civil aviation
Dir 2005/47 on working conditions in cross border railway services
Dir 2002/15 on working time in road transport
Reg 561/2006 on daily and weekly driving times
Health and safety
Dir 89/391 framework
Dir 89/364 on min requirements for workplace
Dir 89/656 on PPE
Dir 90/70 on display screen equipment
Dir 90/269 on manual handling of loads
Dir 91/383 on health and safety of atypical workers
Dir 92/57 on temp or mobile construction sites
Health and safety continued
Dir 92/19 on mineral extracting industries through drilling
Dir 92/58 on safety signs
Dir 92/29 medical treatment on board vessels
Dir 92/104 on surface and underground mining
Dir 2009/104 on work equipment
Dir 2013/35 on electromagnetic fields
Dir 99/92 on explosive atmospheres
Dir 2002/44 on mechanical vibration
Dir 2003/10 on noise
Dir 2006/25 on artificial optical radiation
Dir 2000/54 on biological agents
Dir 2010/32 on sharp objects
Dir 2004/37 on carcinogens
Dir 2009/148 on asbestos
Information and consultation
Dir 2002/14 general
Dir 2009/38 on European works council
Dir 2001/86 on information and consult in ECS
Dir 2003/782 on info and consult in Cooperative society
Dir 2005/56 on cross-border mergers
Economic restructuring
Dir 2001/23 on transfers of undertakings
Dir 98/59 on collective redundancies
Directive 2008/94 on insolvency
Other employment rights
Dir 91/533 on proof of employment contract
Dir 96/71 on posted workers
Dir 2014/67 on posted workers enforcement
The range and scope of existing EU Employment Rights

3. Challenges
competence
cleavages
communication

4. Opportunities?
Social Pillar
Social policy renewal (Brexit)

5. Challenges Competence (legal)

6. Legal basis: Art. 153
(a) improvement in particular of the working environment to protect workers' health and safety; (b) working conditions; (c) social security and social protection of workers; (d) protection of workers where their employment contract is terminated; (e) the information and consultation of workers; (f) representation and collective defence of the interests of workers and employers, including co-determination, subject to paragraph 5; (g) conditions of employment for third-country nationals legally residing in Union territory; (h) the integration of persons excluded from the labour market, without prejudice to Article 166; (i) equality between men and women with regard to labour market opportunities and treatment at work; (j) the combating of social exclusion; (k) the modernisation of social protection systems without prejudice to point (c).

7. Art. 153(5)
‘The provisions of this Article shall not apply to pay, the right of association, the right to strike or the right to impose lock-outs.’
The story of Monti II

8. Political constraints
Process
Impact assessment
Impact board
Legal basis
Hard/soft
Legal form
Subsidiarity
proportionality
Monti II
yes
Art. 352 (cf Art 153(5) TFEU)
Hard law
Regulation
Yes – but yellow card
Yes
Political constraints
The Monti II proposal

9. Europe wide unemployment insurance
Legal basis – Art. 153(1)(c)?
unanimity
‘shall not affect the right of Member States to define the fundamental principles of their social security systems and must not significantly affect the financial equilibrium thereof’

10. What is the purpose of EU legislation?
to create a level playing field between Member States
narrower role for social policy; matters which have an inter-state element
to stabilise the operation of the Eurozone
legitimate to legislate just for Eurozone states?
to improve the condition of workers across the EU
a broader role for social policy but how does it relate to domestic competence?
The European Pillar of Social Rights: ‘new and more effective rights for citizens’.

11. Challenges Competence (scope of employment law)

12. Gig economy (collaborative economy)
Portfolio work
Crowd sourcing
Provider
User
user
platform
Employer
worker
Can and should employment law apply? Paradigm shift in labour law?
Global issue

13. Working online via an app eg Deliveroo/Uber
platform
client
Driver/
cyclist
Food producer
Paying company
If employee/
worker – employment law applies;
but what if not?
How does this fit with Digital Single Market programme?
Service delivered very locally; role for EU law?

14. Challenges cleavages

16. Free movement of Workers v Posted Workers
Art. 45
Art. 56
(posted wokrers)
Home state
Equal treatment
Differential treatment
Host state

17. Challenges Communication

18. The range and scope of existing EU Employment Rights
Equality
Art. 157 TFEU on equal pay
Dir 79/7 on social security
Dir 2006/54 equal pay and treatment
Dir 2000/43 on race and ethnic origin
Dir on disability, sexual orientation, age etc
Dir 2010/41 on self-employed
Family friendly
Dir 92/85 on pregnant workers
Dir 97/81 on part-time work
Dir 99/70 on fixed term work
Dir 2008/104 agency work
Dir 2010/18 parental leave
Working time
Dir 2003/88 working time
Dir 94/33 young workers
Dir 2000/79 on Working time in civil aviation
Dir 2005/47 on working conditions in cross border railway services
Dir 2002/15 on working time in road transport
Reg 561/2006 on daily and weekly driving times
Health and safety
Dir 89/391 framework
Dir 89/364 on min requirements for workplace
Dir 89/656 on PPE
Dir 90/70 on display screen equipment
Dir 90/269 on manual handling of loads
Dir 91/383 on health and safety of atypical workers
Dir 92/57 on temp or mobile construction sites
Health and safety continued
Dir 92/19 on mineral extracting industries through drilling
Dir 92/58 on safety signs
Dir 92/29 medical treatment on board vessels
Dir 92/104 on surface and underground mining
Dir 2009/104 on work equipment
Dir 2013/35 on electromagnetic fields
Dir 99/92 on explosive atmospheres
Dir 2002/44 on mechanical vibration
Dir 2003/10 on noise
Dir 2006/25 on artificial optical radiation
Dir 2000/54 on biological agents
Dir 2010/32 on sharp objects
Dir 2004/37 on carcinogens
Dir 2009/148 on asbestos
Information and consultation
Dir 2002/14 general
Dir 2009/38 on European works council
Dir 2001/86 on information and consult in ECS
Dir 2003/782 on info and consult in Cooperative society
Dir 2005/56 on cross-border mergers
Economic restructuring
Dir 2001/23 on transfers of undertakings
Dir 98/59 on collective redundancies
Directive 2008/94 on insolvency
Other employment rights
Dir 91/533 on proof of employment contract
Dir 96/71 on posted workers
Dir 2014/67 on posted workers enforcement
The range and scope of existing EU Employment Rights
Cf OMC/European semester

19. Opportunities Social pillar

20. Social pillar
Today we commit ourselves to a set of 20 principles and rights. From the right to fair wages to the right to health care; from lifelong learning, a better work-life balance and gender equality to minimum income: with the European Pillar of Social Rights, the EU stands up for the rights of its citizens in a fast-changing world.
Jean Claude Juncker, Nov 2017

21. Equal opps and access to labour market Fair working conditions
Education, training
Gender equality
Equal opps
Active support to employment
Fair working conditions
Secure and adaptable employment
(fair) wages
Info about employment conditions & protection
Social dialogue
Work life balance
Healthy, safe work and data protection
Social protection & inclusion
Childcare
Social protection
Unemployment benefits
Minimum income
Old age income and pensions
Healthcare
Inclusion of people with disabilities
Social protection and inclusion (cont’d)
Long term care
Housing and assistance for the homeless
Access to essential services

22. Opportunities renewal of social policy: Brexit