Belgian Presidency of the Council of the European Union

The ministers held their first debate on the "maternity leave" directive since the European Parliament's vote on October 20. They also adopted important conclusions in terms of equality.

 

In the field of employment, the ministers adopted two sets of conclusions, one on employment policies in view of a transition towards a low carbon, green economy, and the other on the impact of demographic change on employment policies. The Council will also have the opportunity to adopt new instruments to strengthen the European Employment Strategy within the context of the new "economic governance" and the European Semester.

 

1. Debate and discussion on the maternity leave directive

 

Chaired by Joëlle Milquet, the Council held its first orientation debate on the proposed directive to encourage improvements in the safety and health at work of pregnant workers and workers whoi have recently given birth or are breastfeeding (the so called directive on maternity leave) since it was adopted, on first reading, by the European Parliament, on 20 October. In its general position, the Parliament asked that the length of maternity leave would be extended to a full paid period of 20 weeks (minimum), and that a 2 week period of paternity leave (also at full pay) be added.

 

The Belgian Presidency, with the support of the delegations, asked that the EPSCO Council holds an orientation debate on the general position of the European Parliament and on how best to go forward.

 

The Council therefore engaged in an important and useful debate on the proposal amending the “maternity leave” directive, and considered the most controversial elements found in the position adopted by the Parliament at first reading and which are the most subject to debate by the Member States.  With this in mind the Presidency prepared a questionnaire to guide the debate.  Based on the ministerial discussions, the Presidency was able to draw conclusions on how to proceed on this important issue.

 

The main conclusions of the debate are the following:

 

- A large majority of the Ministers considered the Parliament’s position to extend maternity leave to 20 weeks as going too far, and thus that it could not constitute a basis for compromise at this stage;

- A large majority of the delegations agreed that the Commission’s initial proposal constituted an acceptable basis of compromise, and stressed its commitment to the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding, and the reconciliation of their professional and private lives; 

- The discussions made clear the Council’s intension to build upon the key elements of the Commission’s proposals in order to define a first reading Council proposal, and to give itself time to agree on a balanced proposal;

- A considerable number of delegations are open to the gateway clauses and would like to see their phased implementation over a period of time;

- Some member States are not in favour of including paternity leave in the maternity leave directive. 

 

The Belgian Presidency, together with the Hungarian and Polish Presidencies, will soon send a Presidency paper, that will establish a schedule of work for the upcoming months and which will be transmitted to the delegations. This document will list additional concrete initiatives that should be undertaken to enable the decisional process to be pursued and help the Council’s work in order that a common position may emerge. 

 

The Presidency was pleased to learn that the future Hungarian and Polish Presidencies intended to continue to work on the proposal.

 

2. Directive implementing the principle of equal treatment between persons irrespective of conviction, religious beliefs, disability, age or sexual orientation

 

This proposal for a Council Directive seeks to extend protection against various forms of discrimination based on age, sexual orientation, religion and disability in activities that take place outside the workplace. In order to advance this important and sensitive issue the Belgian Presidency decided to favour a thematic approach, which focused on two topics. This approach enabled the Presidency to further clarify the provisions linked to the legitimate treatment differences of age and disability within the framework of the provision of financial services such as insurance (car insurance, life insurance ) and banking (loans and mortgages, credit cards) and to make more precise provisions relating to housing, for example as regards the scope and the concept of reasonable accommodation (in order to reconcile the rights of disabled tenants and their landlords).

 

This transparent and thorough working method was introduced within the framework of a progress report presented to the Council of Ministers.

 

3. Conclusions on equality between women and men

 

Conclusions in support of the implementation of the European Commission's Strategy for equality between women and men 2010-2015

 

The Council adopted conclusions to support the European Commission’s 2010-2015 Strategy for Equality between Women and Men, and the five priority areas for action with respect to gender equality for the next 5 years, namely: equal economic independence, equal pay for equal work or work of equal value, equality in decision making, dignity, the integrity, and an end to violence based on gender, as well as equality between women and men in external policies.

 

Within the framework of these conclusions,

 

- the Ministers call for the adaptation and improvement of the European Pact for Equality between Women and Men, during the period of the Hungarian Presidency, in order to take into account the Commission’s new Equality Strategy, and its relation to Europe 2020 (particularly as regards the 75% employment rate of women and men), and effective monitoring of measures taken nationally, including those taken within the framework of national reform programs;

- Ministers are in favor of the application of the principle of gender mainstreaming in all Council activities and request that a European Thematic Council be organised on the equality between women and men by 2015, and the creation of an annual high-level dialogue (Council, European Parliament, European Commission) on equality between women and men.

 

Council conclusions on strengthening the commitment and stepping up action to close the gender pay gap, and on the review of the implementation of the Beijing Platform for Action

 

While the gender pay gap still amounts to 18% on average across Europe, the Council has adopted important conclusions that transforms this pay gap issue into one of the essential concerns  of the employment policy and Europe 2020 Strategy for employment, growth and competitiveness of the European economy.

 

On the basis of these findings,

 

- Member States are invited to adopt a comprehensive set of measures to tackle all the pay gap causes while coordinating the actions of all relevant key players (particularly with the social partners), at all levels. These measures focus on pay transparency, on reconciling professional and family life, on the elimination of vertical and horizontal segregation, including quantitative objectives;

- Monitoring of the measures adopted by Member States will be facilitated thanks to the updating and revision of the equal pay indicators completed by the Belgian Presidency, which have been incorporated into the Council’s conclusions.

 

The presidency also suggests that the conclusions on the stepping up of actions to close the gender pay gap be published in the Official Journal.

 

4. Employment policies and a strengthened governance in the context of Europe 2020 to begin the new semester European

 

The Ministers exchanged views on employment policies within the context of Europe 2020 and the European Semester.

 

The Council adopted conclusions relating to the two main challenges, which will inevitably affect the growth and competitiveness of the European economy, in the years to come, namely climate and demographic change,

 

On the eve of new European Semester, the Council adopted a new EPSCO monitoring employment policies instrument. The Council also conducted an initial analysis of employment measures contained in the draft National Reform Programmes submitted in November last at the European Commission.

 

4.1. Conclusions on Employment Policy for a green economy, competitive, low CO2 emissions and saving resources

 

The importance of 'green' jobs was a central theme of the Belgian Presidency and was the subject of a ministerial conference last September. This topic is part of the priorities of Europe 2020 for employment, smart, sustainable and inclusive growth, and is in accordance with the employment guidelines adopted by the EPSCO Council on 21 October.

 

The Council adopted conclusions calling on Member States and the European Commission to:

 

• anticipate changes in the labor markets that are related to the transition to a greener economy, particularly as regards the skills and qualifications needed for green growth and restructuring to occur; 

• ensure the quality of jobs linked to the low carbon economy, and in particular to ensure  health and safety in these new “green” businesses, and to monitor and evaluate, through a new set of indicators, the reform measures undertaken by Member States.  These new "green" indicators cover jobs, skills and the workplace, as well as transition, labor markets and green growth;

• to ensure real appropriation by all labour market stakeholders of this challenge, especially the social partners, and employment and training services, and to help SMEs cope;

• ensure the greening of all workplaces and organizational work methods;

• explore opportunities to make tax systems more employment, environmentally and growth friendly;

 

The findings also invite the Commission to:

 

• further examine the role of employment policies in terms of the struggle against climate change and to propose new measures in 2011;

• examine the potential role of EU funding as a means of meeting the challenges of transition to a 'green' economy.

 

4.2. Conclusions regarding the impact of demographic change on employment policies

 

Joëlle Milquet reminded the Council that Europe is facing an unprecedented demographic challenge and that she believes that Europe 2020 has not given enough importance to this fundamental fact in terms of sustainable growth and competitiveness of the European economy.

 

The Council adopted conclusions which for the first time include:

 

- participation of older workers in the labor market;

- increase in personal services related to the aging of the population in order to meet the challenges that the creation of "white jobs" implies.

 

With regard to new ways of organizing time and careers in order to ensure the participation of older workers in labor markets, Member States and the Commission should develop common principles:

 

- an integrated and multi-dimensional approach;

- a strengthening of measures to fight discrimination and stereotyping;

- promotion of integrated career management by investing in training throughout a person’s career, by ensuring good lifelong human resources management, quality of working conditions and of employment, and by anticipating necessary age related changes.

 

Regarding personal services, the Council conclusions include:

 

- giving priority to the quality of jobs in the healthcare and human services sectors;

- given the excessive feminization of these sectors, the need to find ways to increase male  representation, to eliminate the wage gap, and to make it possible to combine professional and family life;

- Anticipating the skills that will be required (specific or generic), and to develop formal and informal skill recognition;

- Strengthen the role of the European Social Fund to boost training and employment related to the care and personal services sectors.

 

4.3. The strengthening of the European Employment Strategy on the eve of the first European Semester

 

The ministers discussed the issue of the European Semester and the role of employment policies in the new governance mechanisms that will come into effect in January of the coming year.

 

Regarding the European Semester, the Council adopted a new instrument for monitoring employment policies, entitled "Joint Assessment Framework, which includes a table summarizing the performance in terms of employment policies in the Member States. This analytical tool allows the immediate visualization of the main challenges that each Member State faces in the field of employment. Having adopted new guidelines for employment in October, the Council has developed a tool for efficient monitoring that will both identify the macroeconomic imbalances that originate in labor markets and the progress made towards achieving the objectives set by the European Council within the framework of the EU 2020 Strategy.

 

Ministers also approved the outcome of the first multilateral surveillance review of the employment sections of the draft National Reform Programmes conducted by the Employment Committee. The Ministers debated this first analysis of actions to be taken immediately in order to achieve the 75% employment rate set by the Council. In particular it was noted that the draft National Reform Programmes collectively have not been ambitious enough as their goals will not lead to a 75% rate of employment, and that it will be necessary, therefore, to further strengthen this ambition in the final National Reform Programs.

 

Based on the approval of these two opinions, Joëlle Milquet said the EU Employment Ministers are ready to begin under the best auspices the first European Semester. In fact, according to Joelle Milquet Minister, the Ministers of Labour now have a powerful and transparent analytical framework, that will make it possible to quickly establish the situation of labor markets and will - during the first Semester under the Hungarian presidency – permit the fulfilment of the tasks that have been set, including:

 

- In March, contributing to the European Spring Council, by listing in the joint employment report the main employment prospective that will require strategic guidance from the European Council,

- In June, adoption of employment recommendations established for individual Member States.

 

This analytical framework will therefore enable Employment Ministers to play a role in terms of structural monitoring of Europe 2020 and of in terms of the macroeconomic surveillance mechanism that is being put in place.

Council: Employment, Social Policy, Health and Consumer Affairs