Transcript Slide 1

Forms of precarious employment in the EU: state of
the art and relevant legislation
Workshop on stepping up coordination on collective bargaining
to better fight precarious work in the EFFAT sectors, Portugal 1618 March
Janine Leschke, European Trade Union Institute, Brussels
Structure of presentation
1) Precarious work – some definitions
2) Illustration of developments in precarious employment:
● Part-time, fixed-term, temporary agency work,
● In-work poverty and trade union density
3) European initiatives on precarious employment:
● Directives on part-time, fixed-term work and temp agency work
● Employment Strategy and OMCs including flexicurity discussion
4) Conclusion
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Some definitions of precarious work (I)
No single definition
(Some) dimensions of precariousness
insufficient…
…wages or income (e.g. working-poor)
…job security
…collective interest representation
…access to social security (e.g. health, pensions, unemployment)
…access to training, life-long learning and career opportunities
…health and safety at work
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Some definitions of precarious work (II)
Precariousness often related to contract form:
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
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
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Fixed-term employment
Temporary agency work
Seasonal work
Part-time and particularly marginal employment
(Bogus) self-employment
Undeclared work
etc.
Certain groups overrepresented:
e.g. women, youth, migrant workers
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Developments in non-standard employment
●Lisbon Strategy developments
●Part-time employment
●Temporary employment
●Temp. agency work
●In-work poverty by contract type
●Trade union density among non-standard
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workers
Developments in employment, unemployment and non-standard employment over
the last 10 years (EU27*)
70
40
60
To tal empl. rate
Lisbo n (15-64 years)
64.3
35
32.1
30
62.2
50
P art-time wo rkers
(wo men)
28.9
25
P art-time wo rkers
40
20
19.4
30
15
16.2
Tempo rary wo rkers
14.0
20
12.3
10
unemplo yment rate
10
9.6
8.7
5
1.5
1.5
A gency wo rk
penetratio n rates
2010Q2
2009
2008
2007
2006
2005
2004
2003
2002
2001
0
2000
0
Data source: European Labour Force Survey. For agency work penetration rate Ciett 2010.
*Data on agency work penetration rates based on average of 22 EU27 countries + Norway and Switzerland.
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Part-time employment by gender, 2010Q2
80
70
60
50
40
30
20
10
Data source: European Labour Force Survey. Age: 15-64.
Males 2010Q2
Janine Leschke © etui (2011)
Total 2010Q2
Netherl.
Denmark
UK
Germany
Sweden
Austria
Belgium
Ireland
EU 27
Luxemb.
France
Italy
Finland
Spain
Females 2010Q2
Data source: European Labour Force Survey. Age: 15-64.
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Malta
Slovenia
Romania
Estonia
Latvia
Portugal
Poland
Cyprus
Lithuania
Greece
Hungary
Czech Rep.
Slovakia
Bulgaria
0
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Data source: European Labour Force Survey. Age: 15-64.
2008Q2
2010Q2
Netherl.
Denmark
UK
Germany
Sweden
Austria
Belgium
Ireland
EU27
Luxemb.
France
Italy
Finland
Spain
Malta
Slovenia
Romania
Estonia
Latvia
Portugal
Poland
Cyprus
Lithuania
Greece
Hungary
Czech Rep.
Slovakia
Bulgaria
Part-time employment: developments during the crisis
50
45
40
35
30
25
20
15
10
5
0
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Data source: European Labour Force Survey. Age: 15-64.
Total 2007
Total 2009
Bulgaria
Romania
Greece
Italy
Latvia
Spain
Portugal
Cyprus
Hungary
Lithuania
France
Finland
Ireland
Sweden
EU 27
Estonia
Slovakia
Germany
Poland
Malta
UK
Czech Rep.
Denmark
Belgium
Austria
Luxemb.
Slovenia
Netherl.
Involuntary part-time employment: developments during the crisis
70
60
50
40
30
20
10
0
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Data source: European Labour Force Survey. Age: 15-64.
Males
Females
Total
Poland
Spain
Portugal
Netherl.
Slovenia
Finland
Sweden
France
Germany
Cyprus
EU 27
Italy
Greece
Hungary
Ireland
Austria
Denmark
Czech Rep.
Belgium
Latvia
Luxemb.
UK
Slovakia
Malta
Bulgaria
Estonia
Lithuania
Romania
Temporary employment by gender, 2010Q2
30
25
20
15
10
5
0
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Data source: European Labour Force Survey. Age: 15-64.
total
youth (15-24)
Poland
Spain
Portugal
Netherl.
Slovenia
Finland
Sweden
France
Germany
Cyprus
EU 27
Italy
Greece
Hungary
Ireland
Austria
Denmark
Czech Rep.
Belgium
Latvia
Luxemb.
UK
Slovakia
Malta
Bulgaria
Estonia
Lithuania
Romania
Temporary employment: youth particularly affected (2010Q2)
70
60
50
40
30
20
10
0
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Data source: European Labour Force Survey. Age: 15-64.
2008Q2
2009Q2
2010Q2
Poland
Spain
Portugal
Netherl.
Slovenia
Finland
Sweden
France
Germany
Cyprus
EU 27
Italy
Greece
Hungary
Ireland
Austria
Denmark
Czech Rep.
Belgium
Latvia
Luxemb.
UK
Slovakia
Malta
Bulgaria
Estonia
Lithuania
Romany
Temporary employment: developments during the crisis
30
25
20
15
10
5
0
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Data source: European Labour Force Survey. Age: 15-64.
2007
2009
Cyprus
Spain
Portugal
Romania
Greece
Latvia
Slovakia
Bulgaria
Belgium
Lithuania
Poland
Finland
Czech Rep.
Hungary
Italy
EU 27
Sweden
Ireland
France
UK
Malta
Slovenia
Luxemb.
Denmark
Netherl.
Estonia
Germany
Austria
Involuntary temporary employment: developments during the crisis
100
90
80
70
60
50
40
30
20
10
0
Agency work penetration rate by country, 2008 and 2009
4.5
4
3.5
3
2.5
2008
2009
2
1.5
1
0.5
UK
Netherl.
France
Belgium
Luxemb.
Germany
Ireland
Europ. av.
Switzerl.
Austria
Sweden
Portugal
Norway
Finland
Italy
Spain
Czech Rep.
Slovakia
Hungary
Denmark
Poland
Slovenia
Romania
Bulgaria
Greece
0
Data source: Ciett 2010. Defined as number of full-time equivalents as supplied by Ciett Natioanl Federations divided by
the total active working population.
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In-work poverty rate by personal and work-place characteristics, 2007
(EU27)
total
gender
age
household type
Source: Eurostat online database, 2009.
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skill level
contract
working time
less than
full year
full year
part
full
temporary
permanent
high
medium
low
2 or more
ad.,children
2 or more
ad., no
children
single
parent
single
55-64
25-54
18-24
women
men
total
20
18
16
14
12
10
8
6
4
2
0
work
intensity
Union density: employees in standard and temporary jobs mid 2000s
Chart 1.5: Union density employees in standard and temporary jobs,
mid 2000s
100
90
80
70
60
50
40
30
20
10
0
SE
FI
DK
BE
SI
LU
IE
IT
standard
AT
UK
EL
DE
NL
PL
HU
ES
temporary
Source: J. Visser, ICTWSS database 3.0, 2010, based on estimates from ESS and ISSP surveys, taken from Industrial Relations
in Europe 2010.
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Union density: employees in full-time and part-time employment in
Germany, the Netherlands and the UK: 1992-2008 (%)
1992
1994
1996
1998
2000
2002
2004
2006
2008
Part-time
9
14
11
10
14
14
16
n.a.
n.a.
Full-time
32
26
27
29
27
25
23
n.a.
n.a.
12<20 hours
11
13
13
12
12
11
12
12
11
20<35 hours
23
24
24
24
24
23
23
22
20
>35 hours
30
31
31
30
28
27
27
26
24
Part-time
22
21
20
20
21
21
21
21
22
Full-time
40
38
35
33
32
32
32
31
30
West-Germany
Netherlands
UK
Source: Vandaele/Leschke (2010) Following the ‘organising model’ of British unions? Organising non-standard workers in Germany and the
Netherlands.
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Wrapping up statistical analysis on non-standard employment
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●
●
●
●
●
●
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Large contribution to employment growth over last decade
Large heterogeneity in extent between countries
Often involuntary
Strong crisis impact
Certain labour market groups more affected
more likely to be in-work poor
lower trade union density,
fewer access to social security, training and lifelong learning (not
shown)
Janine Leschke © etui (2011)
EU level actions and legislation on
precarious employment
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EU level actions and legislation on precarious employment
Actors:
European social partners, European Commission, Council, Parliament
Legislation:
● Framework agreements and directives on
●
Part-time work
● Fixed-term work
● Temporary agency work
● (Posted workers)
Coordination of employment policies
● European Employment Strategy and flexicurity agenda (EU2020
developments)
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Legislation
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European social partners have concluded framework
agreements on flexible employment
The framework agreements have been implemented as
directives
They address the employment conditions of non-standard
workers:
 Improving the quality of non-standard employment
 Facilitate the development of flexible forms of working
Member states have to comply with the directives (they may
maintain or introduce more favourable provisions)
In the case of temporary agency work social partner
negotiations failed, draft proposal by the European
Commission
Janine Leschke © etui (2011)
Council directive 97/81/EC on part-time work (I)
Purpose:
 removal of discrimination
 improve quality of part-time work
 facilitate development of part-time work on a voluntary basis
 contribute to the flexible organization of working time
Scope:
● All part-time workers
● Except:
● Member States may exclude part-time workers on a casual basis
Principle of equal treatment:
● all employment conditions
● principle of pro rata temporis
● access to particular conditions of employment may be subject to a
period of service, time worked or earnings qualification
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Council directive 97/81/EC on part-time work (II)
Employment opportunities and information:
● give consideration for requests by workers to transfer from full-time to parttime work and vice versa
● inform about vacancies
● facilitate access to part-time work at all levels of the enterprise (including
skilled and managerial positions)
● facilitate access by part-time workers to vocational training to enhance career
opportunities and occupational mobility
● the provision of appropriate information to existing bodies representing
workers about part-time work in the enterprise
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Council directive 99/70/EC on fixed-term work (I)
Purpose:
● improve the quality of fixed-term work by ensuring the application of the principle of nondiscrimination
● prevent abuse arising from the use of successive fixed-term employment contracts or
relationships
● non-discriminiation (see part-time work directive)
Scope:
● All fixed-term workers
● Except:
● Initial vocational training + apprenticeship
● Specific public or publicly-supported training, integration + vocational retraining
programme
Measures to prevent abuse:
Introduce at least one of these

objective reasons justifying renewal

limit on total duration

limit on the number of renewals
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Council directive 99/70/EC on fixed-term work (II)
Employment opportunities and information:
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●
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●
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Inform about vacancies
Training opportunitites, career development, occupational mobility
Information to worker representative bodies
Fixed-term workers taken into consideration in calculating thresholds –
workers representative bodies
Janine Leschke © etui (2011)
Directive 2008/104/EC on temporary agency work (I)
Directive preceeded by lengthy discussions
Purpose:
 ensure protection of temp workers
 equal treatment as regards basic working and employment conditions
including pay from the first day of employment, unless a social partner
derogation applies
 establishing suitable framework for the use of temp agency work with view to
contributing to creation of jobs and development of flexibel work forms
Scope:
● Triangular relationship between the temporary-work agency (employer),
temporary agency worker and user undertaking (firm) (temporary assignment)
Principle of equal treatment:
● basic working and employment conditions should be at least those which
would apply to such workers if they were recruited by the user undertaking to
occupy the same job
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Directive 2008/104/EC on temporary agency work (II)
Basic working and employment conditions:
● duration of working time, overtime, breaks, rest periods, night work,
(public) holidays, PAY
● It‘s up to the MS whether occupational social security schemes are
included in basic working conditions
Employment opportunities and information:
● equal access to collective facilities in the user company
● improved access to training and child-care facilities in periods between
assignments, in order to improve employability
● the right to be informed about permanent employment opportunities in
the user undertaking
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Problems and limits of directives
•
•
•
•
•
•
•
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Lengthy procedures
Only basic standards (heavily based on compromises)
Derogations are possible based on social partner agreement
(e.g. temp work directive)
Exclusion of certain groups possible (e.g. part-time workers on
casual basis, marginal workers, initial vocational training, etc.)
Statutory social security is not covered as it is a prerogative of
MS
Lack in enforcement of and knowledge about rights
Danger that employers will use other forms of work (e.g. bogus
self-employment) to avoid equal treatment
Janine Leschke © etui (2011)
Coordination of employment policies in Europe: ESS and
flexicurity (I)
European Employment Strategy (EES)
● Ambitious employment rate targets (benchmarks)
● Use of Open Method of Coordination
● Employment guidelines and quant/qual targets, national reform
programmes, monitoring and recommendations, mutual learning
and peer review
● Since 2007 flexicurity plays an important role in the EES
● Key role in modernising labour markets and contributing to
employment rate target achievement
Recalling common principles of flexicurity
● flexible and reliable contractual arrangements
● comprehensive lifelong learning strategies
● effective active labour market policies
● modern social security systems
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Coordination of employment policies in Europe: ESS and
flexicurity (II)
Flexicurity remains a key feature of the EU2020 strategy
● Included in the ‘Flagship initiative for new skills and jobs‘
● Four common principles remain in place but are filled with more concrete
meaning:
● reducing LM segmentation (with regard to contracts, life-long learning,
ALMPs and social security); focus on internal flexibility; ‘making
transitions pay‘; bigger role for social partners
● Regular monitoring and assesment of flexicurity policies across the EU
Latest developments:
● Employment guidelines include explicit call for better social protection for
fixed-term and self-employed workers
● Focus on the role of the PES with regard to Flexicurity
● Idea of a “single contract”
● Open-ended with job protection increasing with tenure (e.g. through
gradual rise of severance payment rights)
● Employment protection would gradually converge to that of current
permanent contracts
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Conclusions
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●
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European and national level promotion of non-standard employment,
strong rise in these employment forms
Certain labour market groups over-represented
Crisis impacts
●
First phase: better inclusion
● Second phase: austerity packages with focus on LM and social policies
●
●
Role of EES? – ambitious employment rate target, employment
creation often by way of non-standard work
Contribution of flexicurity to developments in precarious employment?
●
In the past focus on flexibility rather than security
● EU2020 current focus on reducing LM segmentation
●
●
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Role for social transfers, statutory minimum wage, life-long-learning
and ALMP measures, work-life balance policies, etc.
Role for trade unions at European and national level (organising
precarious workers and including them in collective bargaining)
Janine Leschke © etui (2011)