29 March Social Affairs Council

Date: 04/04/1996

AFTER years of debate, social affairs ministers finally reached political agreement on the directive on employment conditions for posted workers. Only the UK and Portugal voted against the Italian compromise. The directive guarantees construction and other cross-border workers the same pay and working conditions as those hired locally, but includes several exemptions. Local rules will apply from day one, but national governments can delay the application of minimum pay rules for a month. Alternatively, the social partners could negotiate a similar threshold on a national level. Member states could also opt to exempt “small” jobs, which they could define themselves, and wait for up to eight days before applying local pay and holiday conditions for installation and assembly work. The rules will not cover the self-employed, merchant seamen or workers who cross borders without actually being posted - such as journalists and lorry drivers. The UK argued the text was too restrictive and confusing, while Portugal said it was tougher on the construction industry than on other sectors.

POLITICAL agreement was reached on the directive to guarantee workers of either sex at least three months' parental leave in all member states except the UK. This is the first deal to be adopted after negotiation by the social partners under the Social Protocol. Bonn stressed it would have to consult its parliament before formally agreeing to the directive. Workers may take their leave at any time before a child reaches the age of eight, and must be protected from dismissal, have the right to return to an equivalent job, and may also take time off for urgent family reasons. The directive will require Luxembourg and Ireland to introduce such legislation for the first time. Belgium expressed doubts that the directive was well suited to the public sector and Germany asked about the role of MEPs, who are not required to be consulted under the protocol. The Council and Commission agreed that this type of legislation should be in the form of a directive and be adopted by qualified majority vote.

COUNCIL held a public debate on the future of social protection in the Union. Social Affairs Commissioner Pádraig Flynn called for protection systems to be made more job-orientated, while several ministers highlighted the importance of combating social exclusion. Most delegations felt that the hardest aspect of the problem was financing and stressed the importance of pooling information. The debate will continue at an informal meeting called by the Irish for 11-12 July.

MINISTERS were briefed on the follow-up to the Essen summit's conclusions on employment policy and Commission President Jacques Santer's 'confidence pact for employment'. The Commission presented its communication on structural policies and job creation.

FLYNN introduced his recent communication on the consultation of employees in national undertakings, which suggests a general EU framework for worker information. Flynn hopes this might unblock a number of pieces of company law held up in Council because some member states are opposed to specific sections on consultation in each proposal.