2 December Social Affairs Council

Date: 05/12/1996

MINISTERS reached political agreement on a directive to shift the burden of proof in sex discrimination cases, pending an opinion from the European Parliament. The text aims to make it easier for workers to win sex discrimination cases by requiring employers to share the burden of proof. Workers will be expected to establish facts “from which it can be presumed that there has been direct or indirect discrimination”. The employer must then prove that it has not violated the “principle of equal treatment”. The text also defines indirect discrimination as being when a practice “disadvantages a substantially-higher proportion of the members of one sex” and cannot be justified objectively. Social Affairs Commissioner Pádraig Flynn expressed doubts that he could support the Council's decision to exclude directives on social security and the self-employed from the scope of the text.

THE Council agreed to shelve amendments to the directive on equal opportunities. Discussing the Commission's response to the Kalanke judgement, most ministers argued that new legislation was not necessary, either because the court ruling spoke for itself or because changes were premature. Only Spain, Italy and Ireland supported Flynn's proposed amendments, while Sweden wanted to go further by allowing more proactive schemes to promote women. Ministers said the Council should wait for another court ruling which is expected to clarify the question of positive action in employment, and for the outcome of the Intergovernmental Conference.

THE meeting adopted legislation to bring EU law into line with the landmark Barber judgement, requiring firms to give men and women equal treatment in company pension schemes. Previous rules on occupational social security schemes were found by the European Court of Justice to be contrary to treaty provisions guaranteeing men and women receive equal pay for equal work.

THERE was political agreement on legislation to ease workers' access to benefits in other member states, and to improve health benefits for students and trainees while abroad. The European Parliament is still to give its opinion on the measures.

MINISTERS adopted legislation to set up an employment and labour market policy committee to advise on employment issues. This will have similar status to the economic policy committee, which assists the Ecofin Council (finance ministers), and will comprise two representatives from each member state and two from the Commission.

IN COOPERATION with finance ministers, the meeting also adopted a report asking EU governments and industry to boost employment by modernising and educating their workforces. “The achievement of a productive and flexible economy depends on the workforce being able to respond to the skills needs of the labour market,” said the report. Ministers said governments should reinforce training schemes, giving priority to the young and preventing long-term unemployment. Ireland's Labour Affairs Minister Eithne Fitzgerald said the report was optimistic about prospects for boosting economic growth and jobs in Europe. The report will form the basis of discussions at next week's Dublin summit. Ministers also agreed a resolution on the role of social protection systems in the fight against unemployment.