EUROPEAN COMMISSION Brussels, 26.4.2017 SWD(2017) 201 final COMMISSION STAFF WORKING DOCUMENT Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS

Establishing a European Pillar of Social Rights {COM(2017) 250 final}

{SWD(2017) 200 final}

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Contents Introduction Chapter I – Equal opportunities and access to the labour market Education, training and life-long learning Gender equality Equal opportunities Active support to employment Chapter II – Fair working conditions Secure and adaptable employment Wages Information about employment conditions and protection in case of dismissals Social dialogue and involvement of workers Work-life balance Healthy, safe and well-adapted work environment Chapter III – Social protection and inclusion Childcare and support to children Social protection Unemployment Benefits Minimum income

Old-age income and pensions Health care Inclusion of people with disabilities Long-term care Housing and assistance for the homeless Access to essential services



Introduction The European Pillar of Social Rights sets out a number of key principles and rights to support fair and well-functioning labour markets and welfare systems. Together, these principles and rights set out an ambitious agenda for better-performing economies and more equitable and resilient societies. The goal is to foster a renewed process of convergence towards better working and living conditions across Europe. In this context, the European Pillar of Social Rights is about delivering new and more effective rights for citizens, addressing emerging social challenges and the changing world of work in light of, notably, emerging types of employment deriving from new technologies and the digital revolution. These principles and rights cover the areas of employment, social protection, social inclusion, education and equal opportunities. The Pillar builds on the body of law which exists at EU and international level. In particular, the Pillar draws on the 1989 Community Charter of the Fundamental Social Rights of Workers, the European Social Charter of 1961, the Revised European Social Charter of 1996 and the European Code of Social Security of the Council of Europe. The Principles also take account of the relevant International Labour Organization (ILO) conventions, recommendations and related protocols, and the United Nations Convention on the Rights of Persons with Disabilities. At the same time, the EU social acquis has also developed over the last 30 years, through new provisions in the EU Treaties, the adoption of the Charter of Fundamental Rights of the European Union, new legislation and the case law of the Court of Justice of the European Union. More recently, the adoption of the UN Sustainable Development Goals for 2030 has provided a new agenda to address poverty eradication and the economic, social, solidarity and environmental dimensions of sustainable development in a balanced and integrated manner. This document follows the structure of the three chapters of the European Pillar of Social Rights detailing the contents of each principle or right. Each one of these is presented in three main sections, covering the existing social acquis, an explanation of its content and scope, and suggestions with regard to its implementation. The Union acquis For each principle or right, the first part of this document outlines the Union social acquis, starting with the relevant provisions of the Charter of Fundamental Rights of the European Union, and recalling the legislative powers and their limits set out in the Treaty on the Functioning of the European Union (TFEU). It concludes by recalling the key legislative and non-legislative measures already in place which are contributing to the implementation of the principle or right in question. This section is not exhaustive as it presents the most relevant instruments, both legally binding measures and Council or Commission recommendations providing guidance. For the record, when the Charter of Fundamental Rights of the European Union is referred to, it is important to recall that the provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. Principles and rights of the Pillar The Pillar renders the principles and rights contained in binding provisions of Union law more visible, more understandable and more explicit for citizens and for players at all levels. Moreover, for some particular areas, the Pillar adds new elements to the existing acquis. This is explained in detail in the second section. The principles and rights enshrined in the Pillar are addressed to Union citizens and legally residing third country nationals in Member States, regardless of their employment status, as well as to public authorities and social partners.

Implementation Given the legal nature of the Pillar, these principles and rights are not directly enforceable and will require a translation into dedicated action and/or separate pieces of legislation, at the appropriate level. This is explained in the third part of this document, which addresses how each principle or right could be effectively implemented by Member States and the social partners, which have the primary responsibility for making social principles and rights operational on the ground. Additionally, this section outlines how the Union actions would contribute to implementing the Pillar. The European Semester, the annual cycle of economic policy coordination, has been and remains an important vehicle to monitor closely developments at EU and Member State level, and promote targeted reforms according to national specificities covering the wide span of the Pillar, from education, training and life-long learning to active support to the unemployed, wages, childcare, social protection and minimum income or the pension and health care systems. The euro area and country analysis and recommendations will reflect and promote the development of social rights, by assessing, monitoring and comparing the progress towards their implementation. Benchmarking will be progressively conducted for a limited set of areas particularly relevant for the functioning of the euro area, such as employment protection legislation, unemployment benefits, minimum wages, minimum income and skills. The European Structural and Investment Funds will support the implementation of the European Pillar of Social Rights. In particular, the European Social Fund, as well as other key initiatives for social cohesion such as the Youth Employment Initiative, the European Globalisation Fund and the Fund for European Aid to the Most Deprived, will play a key role in the follow-up to the Pillar. The Pillar will also play a role in the design of the post-2020 programming period. Turning the principles and rights enshrined in the Pillar into reality is a shared commitment and responsibility between the Union, its Member States and the social partners, acting in line with the distribution of competences set by the Union Treaties and taking into account the principles of subsidiarity and proportionality, sound public finances and the respect of the autonomy of the social partners. Nothing in the European Pillar of Social Rights shall be interpreted as restricting or adversely affecting principles and rights as recognised, in their respective fields of application, by Union law or international law and by international agreements to which the Union or all the Member States are party, including the European Social Charter of 1961 and the relevant ILO Conventions and Recommendations. The implementation of the Pillar can be reinforced by the ratification of relevant ILO conventions, the Revised European Social Charter of 1996 and its Additional Protocol Providing for a System of Collective Complaints. The involvement of the social partners is also central to the delivery of social rights. The promotion of dialogue between management and labour is enshrined as a common objective of the Union and its Member States in Article 151 TFEU. At Union level, in the policy domains covered by Article 153 TFEU, social partners are to be consulted in accordance with Article 154 TFEU and may request implementation of their agreements at Union level in accordance with Article 155 TFEU. Social partners may support the implementation of the Pillar via collective bargaining at national level and/or by collecting and exchanging good practices across Europe. In addition, civil dialogue at both national and Union level is vital for broadening participation in policy-making and further mobilising social actors to help deliver the principles and rights of the Pillar. Civil dialogue involving civil society organisations allows for a range of civic stakeholder interests to be represented and reinforces the transparency, accountability and legitimacy of public decisions. The Pillar should be implemented according to available resources and within the limits of sound budgetary management and Treaty obligations governing public finances. In particular, the establishment of the Pillar does not affect the right of Member States to define the fundamental principles of their social security systems and should not affect the financial equilibrium thereof.



Chapter I – Equal opportunities and access to the labour market Education, training and life-long learning Everyone has the right to quality and inclusive education, training and life-long learning in order to maintain and acquire skills that enable them to participate fully in society and manage successfully transitions in the labour market. 1. The Union acquis a) The Charter of Fundamental Rights of the European Union Article 14 of the Charter gives everyone the right to education and to have access to vocational and continuing training. This right includes the possibility to receive free compulsory education. b) The legislative powers and their limits According to Article 165 of the Treaty on the Functioning of the European Union (TFEU), the Union is empowered to contribute to the development of quality education by encouraging policy cooperation between the Member States and, if necessary, by supporting and implementing their action while fully respecting the responsibility of the Member States for the content of teaching and their cultural and linguistic diversity. Article 166 TFEU empowers the Union to implement a vocational training policy which supports and supplements the actions of the Member States while fully respecting the responsibility of the Member States for the content and organisation of vocational training. c) Existing measures Council Recommendation of 22 April 2013 on establishing a Youth Guarantee calls on Member States to ensure that all young people under the age of 25 years receive an offer of employment of good quality, continued education, an apprenticeship or a traineeship within a period of four months of becoming unemployed or leaving formal education.

Recommendation 2006/962/EC of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning identifies the knowledge, skills and attitudes for personal fulfilment, active citizenship, social cohesion and employability. Council Recommendation of 28 June 2011 on policies to reduce early school leaving invited the Member States to develop comprehensive strategies to support young people in completing upper secondary education and to achieve the Europe 2020 headline target on reducing the rate of early school leaving to less than 10% by 2020. Recommendation 2006/143/EC of the European Parliament and of the Council of 15 February 2006 on further European cooperation in quality assurance in higher education identifies actions that could be taken at national and EU level to support the development and accreditation of high quality higher education. Recommendation 2009/C 155/01 of the European Parliament and of the Council of 18 June 2009 on the establishment of a European Quality Assurance Reference Framework for Vocational Education and Training provides common tools for the management of quality to promote better vocational education and training. Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning sets out a basis for measuring educational achievement based on learning outcomes. Council Recommendation of 20 December 2012 on the validation of non-formal and informal learning calls on the Member States to provide arrangements to identify, document, assess and certify learning outcomes leading to a qualification. The New Skills Agenda for Europe, adopted in June 2016, launched a number of actions to improve the quality and relevance of skills formation, make skills more visible and comparable, and improve skills intelligence. These include the Council Recommendation of 19 December 2016 on Upskilling Pathways: New Opportunities for Adults which calls on the Member States to offer adults support for acquiring a minimum level of literacy, numeracy and digital competence and for progressing towards a secondary qualification and the blueprint for sectoral cooperation on skills. 2. Scope and changes introduced by the European Pillar of Social Rights The European Pillar of Social Rights sets out a general right to education and training throughout life. It goes further than Article 14 of the Charter of Fundamental Rights of the European Union by focusing on quality and inclusiveness. The Pillar aims to ensure high quality education and training provision, both formal and non-formal. It emphasises the relevance of education and skills for successful participation in the labour market and for social cohesion. It emphasises opportunities to maintain and acquire skills. This entails flexible opportunities for learning and re-training which should be available at all times throughout a person's life and working career, including early childhood, initial, further, higher and adult education and training systems. Inclusive education, training and lifelong-learning entail accessible means to acquire, maintain or develop skills and competences to a level that equips everyone for active life. For example, the special needs of people with disabilities or of those from disadvantaged backgrounds should be catered for so that they are ensured access on an equal basis. Further emphasis is put on the skills required during labour market transitions, encompassing changes in employment status, changing employer, entering or returning from career breaks or moving between employment and self-employment. This encompasses inter alia the acquisition and maintenance of basic digital skills. 3. Implementation a) What Member States and social partners can do Member States are responsible for determining the content of teaching and vocational training and for the organisation of education systems and vocational training. They are invited to give effect to the provisions of the Pillar in this context, in addition to applying it when implementing Union measures adopted in these fields. Social partners may also collect and exchange good practices across the Union. At national level, social partners may support the implementation of this Principle via collective bargaining and through their involvement in the design and implementation of relevant policies. In this context they may promote, develop and contribute to policies at company, local, national or Union level to improve training, re-training and life-long learning opportunities as well as to provide more traineeships and apprenticeships. The EU social partners at cross-industry level selected skills needs in digital economies as well as fostering apprenticeships to increase youth employment as a priorities for their current work programme 2015-2017 and will organise exchanges between national social partners on these issues. b) Recent and ongoing initiatives at EU level

In 2017, the Commission will propose a Council Recommendation on a Quality Framework for Apprenticeships, which will define the key elements that should be in place to enable people to acquire relevant skills and qualifications through high quality apprenticeships programmes. The 2008 European Qualifications Framework is being revised (negotiations on a revised Recommendation are ongoing within the Council) and the 2006 Recommendation on Key Competences for Lifelong Learning is being updated. The Europass Framework is being updated to offer people improved tools to present their skills and obtain information on skills needs and trends. The Commission will implement the recently launched Digital Skills and Jobs Coalition to accompany the digital transformation, by promoting the exchange of best practices as well as partnerships between industry, education providers and social partners. The Commission will propose in 2017 a Council Recommendation on promoting social inclusion and common values through education and non-formal learning in order to provide support and guidance to Member States. The Commission will present a Communication on the modernisation of higher education setting out EU-level actions to address key challenges, including tackling skills mismatches and promoting excellence in skills development; building higher education systems that are not only efficient and effective but are also socially inclusive and connected to their communities; and ensuring higher education institutions contribute to regional innovation. The Commission will present a Communication on the development of schools and excellent teaching addressing the persistent high rates of young people with low basic skills, the inequalities in educational success and changing competence requirements in our societies.. The Commission will propose a Council Recommendation setting out guidelines on improving the availability of qualitative and quantitative information about what graduates from tertiary education and vocational education and training in the EU go on to do after they complete their education and training. In its December 2016 Communication "Investing in Europe's Youth", the Commission proposed fresh actions to support youth employment and create more opportunities for youth. To ensure a full and sustainable implementation of the Youth Guarantee, the Commission proposed to extend the budget of the Youth Employment Initiative and provide an additional €1 billion to the YEI specific budget allocation, matched by €1 billion from the European Social Fund as well as further support for outreach and information activities, mutual learning and monitoring. In June 2016, the European Commission proposed actions to support Member States in the integration of third country nationals in education under the EU Integration Action Plan. Cedefop, the European Centre for the Development of Vocational Training, one of the EU's decentralised agencies, is supporting the work of the Commission, Member States and social partners on the modernisation of vocational education and training systems, promoting the access, attractiveness and efficiency of vocational education and training and informing on current and future skill supply and demand in the European labour market.



Gender equality a. Equality of treatment and opportunities between women and men must be ensured and fostered in all areas, including regarding participation in the labour market, terms and conditions of employment and career progression. b. Women and men have the right to equal pay for work of equal value. 1. The Union acquis a) The Charter of Fundamental Rights of the European Union

Article 23 of the Charter provides that equality between women and men must be ensured in all areas, including employment, work and pay. It also stipulates that the principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex. Article 33 of the Charter provides that in order to reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child. b) The legislative powers and their limits According to Article 19 of the Treaty on the Functioning of the European Union (TFEU), the Union is empowered to take appropriate action to combat discrimination, including based on sex. According to Article 153 TFEU, the Union is empowered to adopt measures, including directives setting minimum requirements, to support and complement the activities of the Member States, inter alia, in the field of equality between men and women with regard to labour market opportunities and treatment at work. Directives adopted on the basis of Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Article 157(3) TFEU empowers the Union legislature to adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value. Article 157(4) TFEU specifies that the principle of equal treatment shall not prevent any Member State from maintaining or adopting measures providing for specific advantages in order to make it easier for the underrepresented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers. c) Existing measures European Union Directives prohibit discrimination and promote gender equality in employment and occupation, in self-employment, in the access to and supply of goods and services and in social security, and lay down rights related to maternity and parental leave. Directive 2006/54/EC of the European Parliament and of the Council guarantees equal treatment of men and women in access to employment, including promotion, and to vocational training; working conditions, including pay; and occupational social security schemes. Commission Recommendation 2014/124/EU aims to strengthen the Principle of equal pay between men and women through transparency. Council Directive 79/7/EEC provides for equal treatment of men and women in matters of social security such as statutory social security schemes which provide protection against sickness, invalidity, accidents at work and occupational diseases, unemployment and risks related to old age; and social assistance which supplements or replaces the basic schemes. Council Directive 2004/113/EC guarantees equal treatment between men and women in access to and supply of goods and services. Directive 2010/41/EU of the European Parliament and of the Council clarifies that the principle of equal treatment between men and women applies to self-employed workers and where spouses or life partners of a self-employed worker participate in his or her activities. Council Directive 92/85/EEC contains measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or who are breastfeeding and establishes the right to maternity leave for the duration of 14 weeks and guarantees protection against dismissal during the period from the beginning of pregnancy to the end of the maternity leave. Council Directive 2010/18/EU establishes the right to parental leave and sets out minimum requirements for that leave (4 months for each parent, at least one month of which cannot be transferred to the other parent) as well as protection of employment rights and when returning to work and the right to leave from work on grounds of force majeure.



2. Scope and changes introduced by the European Pillar of Social Rights The Pillar emphasises the need to foster proactively equality between women and men through positive action in all areas. By extending equality to all areas, the Pillar goes beyond the existing acquis. The provisions on gender equality focus in particular on participation in the labour market (as reflected by the gap in employment between women and men), terms and conditions of employment (e.g. the gap in the use of part-time employment between women and men) and on career progression (e.g. the share of women in management positions and the low numbers of women entrepreneurs), all areas where further progress needs to be made. Principle 2b addresses the specific challenge of the gender pay gap, which persists despite the existing legislation. 3. Implementation a) What Member States and Social Partners can do Member States are in charge of transposing and enforcing rules adopted at Union level. Given that the Union measures merely contain minimum standards, Member States are invited to go beyond these rules in order to give effect to the Principle. At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible initiatives based on Article 153 TFEU and may sign agreements that can be implemented at Union level at their request in accordance with Article 155 TFEU. Social partners may also collect and exchange good practices across the Union. At national level, social partners may support the implementation of this Principle via collective bargaining and through their involvement in the design and implementation of relevant policies. The EU social partners at cross-industry level selected gender equality as a priority for their current work programme 2015-2017, organising exchanges of national and sectoral social partner practices on ways to reduce the gender pay gap. b) Recent and ongoing initiatives at EU level The Commission will implement the Strategic Engagement for Gender Equality 2016-2019, which sets out the main priorities in this area, and outlines the use of existing tools such as the European Semester, the Union Funds and enforcement of legislation.

The Commission is presenting together with the European Pillar of Social Rights the "New start to support Work-Life Balance for parents and carers" initiative. It proposes legislative and policy actions aiming to facilitate the uptake of parental leave by both women and men, to introduce the paternity leave and the carers' leave, to promote the use of flexible working arrangements, as well as to provide more and better child and other care facilities and remove economic disincentives such as tax-benefit disincentives, which discourage second-earners, often women, from entering the labour market. The Commission will adopt a follow up Report on progress made by Member States in the implementation of the Transparency Recommendation which will assess the potential need for additional measures in order to ensure the full application of the principle of equal pay. Furthermore, it has proposed a Directive aimed at further ensuring greater equality among management positions in the corporate sphere. The Commission is stepping up its efforts to combat violence against women and is working towards the EU's accession to the Council of Europe Convention on preventing and combating violence against women (the Istanbul Convention) on the basis of its proposal made in March 2016. The European Institute for Gender Equality, one of the EU's decentralised agencies, is supporting the work of the Commission, Member States and social partners in the area of work-life balance.



Equal opportunities Regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, everyone has the right to equal treatment and opportunities regarding employment, social protection, education, and access to goods and services available to the public. Equal opportunities of under-represented groups shall be fostered. 1. The Union acquis a) The Charter of Fundamental Rights of the European Union Article 21 of the Charter prohibits any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Subject to certain exceptions, Article 21 of the Charter also prohibits any discrimination on grounds of nationality. b) The legislative powers and their limits According to Article 19 of the Treaty on the Functioning of the European Union (TFEU), the Union is empowered to take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Moreover, Article 18 TFEU refers to the prohibition of discrimination on grounds of nationality. c) Existing measures Council Directive 2000/43/EC (the Racial Equality Directive) prohibits discrimination based on racial or ethnic origin in access to employment, to self-employment and to occupation, employment and working conditions, education, vocational training, social protection, social advantages, and access to goods and services which are available to the public, including housing. Council Directive 2000/78/EC (the Employment Equality Directive) prohibits discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards access to employment, self-employment, occupation and vocational training. Both directives prohibit various forms of discrimination: direct and indirect discrimination, harassment, instruction to discriminate and victimisation. The EU is a party to the United Nations Convention on the Rights of Persons with Disabilities. Legally residing third-country nationals that are long-term residents or covered by other EU Directives should enjoy equal treatment with nationals of host countries in a number of areas notably working conditions, including pay and dismissal, access to education and vocational training, social security. In 2004, Member States adopted Common Basic Principles of integration of third-country nationals that constitute a framework for policy cooperation on integration in the EU and a framework against which Member States can judge and assess their own efforts. Council Recommendation 2013/C 378/01 provides guidance on effective Roma integration measures in Members States, in particular as regards access to education, employment, healthcare and housing.

2. Scope and changes introduced by the European Pillar of Social Rights The Pillar partially goes beyond the current acquis by extending protection against discrimination on the grounds of religion or belief, disability, age and sexual orientation to the areas of social protection, including social security and healthcare, education, and access to goods and services available to the public. The Pillar also extends the prohibition of discrimination based on gender to the area of education, which is not covered by the current acquis. Equal opportunities aim at promoting inclusion and participation of under-represented groups in the labour market and society. The provisions of the Pillar emphasise that specific measures may be necessary to prevent, correct and compensate for disadvantages linked to certain protected grounds. The Principle encourages Member States to address the challenge of groups at risk of discrimination through positive action and incentive measures, for instance by supporting workforce diversity practices among employers. 3. Implementation a) What Member States and Social Partners can do Member States are responsible for transposing and enforcing rules adopted at Union level. Given that the Union measures set out above contain minimum standards, Member States are invited to go beyond these rules in order to give effect to the Pillar. In addition, Member States are invited to continue making progress in the negotiations of the proposed new Equal Treatment Directive towards its swift adoption. Through their National Equality Bodies, Member States may promote equal opportunities of under-represented groups and assist victims of discrimination on the ground. Social partners may also collect and exchange good practices across the Union. At national level, social partners may support the implementation of this Principle via collective bargaining and through their involvement in the design and implementation of relevant policies. b) Recent and ongoing initiatives at EU level The Commission will continue its efforts to ensure the adoption of the proposed new Equal Treatment Directive to expand protection against discrimination based on religion or belief, disability, age or sexual orientation to social protection, including social security and healthcare; education; social advantages; and access to goods and services which are available to the public, including housing. The Union is supporting intermediary players such as NGOs , social partners and equality bodies to improve their capacity to combat discrimination; to support the development of equality policies at national level and encourage the exchange of good practices between Union countries; and push for business-oriented diversity management as part of a strategic response to a more diversified society, customer base, market structure and workforce. The European Union Agency for Fundamental Rights, one of the EU's decentralised agencies, is supporting the work of the Commission, Member States and social partners in the area of equal opportunities and non-discrimination.



Active support to employment a. Everyone has the right to timely and tailor-made assistance to improve employment or self-employment prospects. This includes the right to receive support for job search, training and re-qualification. Everyone has the right to transfer social protection and training entitlements during professional transitions. b. Young people have the right to continued education, apprenticeship, traineeship or a job offer of good standing within 4 months of becoming unemployed or leaving education. c. People unemployed have the right to personalised, continuous and consistent support. The long-term unemployed have the right to an in-depth individual assessment at the latest at 18 months of unemployment. 1. The Union acquis

a) The Charter of Fundamental Rights of the European Union Article 14 of the Charter gives everyone the right to education and to have access to vocational and continuing training. Article 29 of the Charter guarantees everyone the right of access to a free placement service. Article 34 of the Charter provides that the Union recognises and respects the entitlement to social security and social services providing protection inter alia in the case of loss of employment. b) The legislative powers and their limits Pursuant to Article 147 TFEU, the Union shall contribute to a high level of employment by encouraging cooperation between Member States and by supporting and, if necessary, complementing their actions. In doing so, the competences of Member States shall be respected. Article 153(2) TFEU empowers the Union to adopt legislative measures to support and complement the activities of Member States in the integration of persons excluded from the labour market. Article 166 TFEU empowers the Union to implement a vocational training policy which shall support and supplement actions by the Member States while fully respecting their responsibility for the content and organisation of vocational training. c) Existing measures The Union and its Member States together pursue the European Employment Strategy, which sets common objectives and targets for employment policy and aims to create more jobs and better jobs throughout the Union. Coordinating Member States' actions to assist unemployed persons find work is at the core of this Strategy. Council Recommendation of 22 April 2013 on establishing a Youth Guarantee (the Youth Guarantee Recommendation) calls on Member States to ensure that all young people under the age of 25 years receive an offer of employment of good quality, continued education, an apprenticeship or a traineeship within a period of four months of becoming unemployed or leaving formal education. Council Recommendation of 15 February 2016 on the integration of the long-term unemployed into the labour market recommends that long-term unemployed persons are offered in-depth individual assessments and guidance and a job-integration agreement comprising an individual offer and the identification of a single point of contact at the very latest when they reach 18 months of unemployment. Commission Recommendation 2008/867/EC of 3 October 2008 on the active inclusion of people excluded from the labour market sets out an integrated, comprehensive strategy for the active inclusion of those excluded from the labour market, combining adequate income support, inclusive labour markets and access to quality services. The Entrepreneurship 2020 Action Plan set out a vision and concrete measures to support the entrepreneurial spirit in Europe. Measures to support self-employment at EU level also aim to reach those segments of the population whose entrepreneurial potential is not yet fully exploited, in particular for women (who represent only 29% of entrepreneurs in Europe). Dedicated actions to develop social entrepreneurship were proposed by the Expert Group on Social Entrepreneurship (GECES) report adopted in 2016. The European Network of Public Employment Services (PES), established through the Decision No 573/2014/EU of the European Parliament and Council, provides a platform to compare PES performance at European level, identify good practice and foster mutual learning in order to strengthen the active support services. The European Network of Employment Services (EURES), re-established under Regulation (EU) 2016/589, aims to improve the functioning, cohesion and integration of labour markers in the EU, including at cross-border level. 2. Scope and changes introduced by the European Pillar of Social Rights The Pillar establishes a set of rights for all jobseekers, regardless of their employment status. The focus is on the provision of assistance to find work, which can include employment services, such as job-search counselling and guidance, or participation in 'active measures', such as training, hiring subsidies or re-insertion support. These rights go beyond Article 29 of the Charter of Fundamental Rights, which refers only to the right to a free placement service. Assistance to engage in self-employment is also a significant extension of the existing acquis. Three elements are central to these rights: early intervention, individualised assistance and support in enhancing employability. The latter element – based on a right to receive support for training or for obtaining new qualifications – is crucial in view of adapting to a rapidly changing labour market. Today’s workers change jobs more frequently than in the past, and existing training or social protection entitlements should not discourage such mobility. The Pillar affirms the transferability of workers’ accrued training or social protection entitlements when they change employment status or employer, entering or returning from career breaks or moving between employment and self-employment. Regarding young people, the Pillar recalls the main lines of the Youth Guarantee Recommendation extending their application to all young people. For people in unemployment, the Pillar provides for a right to personalised support, which incorporates the ideas of individualised in-depth assessment, counselling and guidance. The consistency refers to continuity in support e.g. when eligibility for unemployment benefits end, including the provision of other measures such as social services to address barriers to finding work. For those in long-term unemployment, understood as unemployment lasting more than twelve months, it provides for a right to personalised support, which incorporates the ideas of individualised in-depth assessment and the job integration agreement referred to in Council Recommendation of 15 February 2016 on the integration of the long-term unemployed into the labour market.

3. Implementation a) What Member States and Social Partners can do Member States are responsible for implementing the guidelines and recommendations on employment strategy which have been agreed at Union level. To give effect to the Principle, Member States are invited to update and extend their practices concerning the provision of assistance to find employment and self-employment and, in addition, to encourage measures to protect workers’ training and social protection entitlements when they change work. At Union level, social partners are consulted in accordance with Article 154 TFEU on possible initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union level at their request in accordance with Article 155 TFEU. The EU social partners at cross-industry level selected the effectiveness and quality of active labour market policies as a priority for their current work programme 2015-2017. Social partners may also collect and exchange good practices across the Union. At national level, social partners may support the implementation of this Principle via collective bargaining and through their involvement in the design and implementation of relevant policies. b) Recent and ongoing initiatives at EU level The implementation of the Youth Guarantee has been assessed in the October 2016 Communication “The Youth Guarantee and Youth Employment Initiative three years on” . In its December 2016 Communication "Investing in Europe's Youth", the Commission proposed fresh actions to support youth employment and create more opportunities for youth. To ensure a full and sustainable implementation of the Youth Guarantee, the Commission proposed to extend the budget of the Youth Employment Initiative and provide an additional €1 billion to the YEI specific budget allocation, matched by €1 billion from the European Social Fund as well as further support for outreach and information activities, mutual learning and monitoring. The Commission is presenting together with the European Pillar of Social Rights a first-stage consultation of the social partners on an initiative concerning "Access to Social Protection", in order to address varying access to social protection by workers in standard employment and people employed on non-standard contracts and in various forms of self-employment. The consultation will address the means to make rights transferable and transparent when changing employer, contract type or transitioning to self-employment. The consultation will also address the ways to reduce the gap in access to employment services, training, rehabilitation and re-insertion measures across various types of employment relationships and for the self-employed. Furthermore, in 2017, the Commission will consolidate and put on a firm legal basis the European Solidarity Corps to create new volunteering, traineeships or work placements opportunities for young people. The European Network of Employment Services (PES Network) is implementing the Benchlearning project, aiming to improve the PES' performance, linking indicator-based benchmarking with mutual learning in order to better address the active support to job seekers. In June 2016, the European Commission proposed actions to support Member States in the integration of third country nationals in employment under the EU Integration Action Plan. Chapter II – Fair working conditions Secure and adaptable employment a. Regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training. The transition towards open-ended forms of employment shall be fostered. b. In accordance with legislation and collective agreements, the necessary flexibility for employers to adapt swiftly to changes in the economic context shall be ensured. c. Innovative forms of work that ensure quality working conditions shall be fostered. Entrepreneurship and self-employment shall be encouraged. Occupational mobility shall be facilitated. d. Employment relationships that lead to precarious working conditions shall be prevented, including by prohibiting abuse of atypical contracts. Any probation period should be of reasonable duration. 1. The Union acquis

a) The Charter of Fundamental Rights of the European Union Article 31 of the Charter, entitled “Fair and just working conditions”, gives every worker the right to working conditions which respect his or her health, safety and dignity. Article 34 of the Charter affirms respect for the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by Union law and national laws and practices. b) The legislative powers and their limits According to Article 153(2) of the Treaty on the Functioning of the European Union (TFEU), the Union is empowered to adopt measures to support and complement the activities of Member States inter alia in the fields of working conditions and the social security and social protection of workers. Directives adopted on the basis of Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Article 153(4) provides that provisions adopted pursuant to Article 153 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. According to Article 162 TFEU, the European Social Fund shall aim to increase the geographical and occupational mobility of workers within the Union, and to facilitate their adaptation to industrial changes and to changes in production systems. According to Article 166 TFEU, the Union shall implement a vocational training policy which shall support and supplement the action of the Member States while fully respecting the responsibility of the Member States for the content and organisation of vocational training. c) Existing measures Three Directives have already been enacted to protect workers working under non-standard employment relationships: the Framework Agreement on part-time work concluded by social partners (UNICE, CEEP and the ETUC) – annexed to Council Directive 97/81/EC - protects part-time workers from being treated less favourably than comparable full-time workers and provides that employers should give consideration to requests by workers to transfer from full-time to part-time work or vice-versa; the Framework Agreement on fixed-term work also concluded by social partners (ETUC, UNICE and CEEP) – annexed to Council Directive 1999/70/EC - protects fixed-term workers from being treated less favourably than comparable permanent workers and requires Member States to take measures to prevent abuse arising from the use of successive fixed-term contracts; and Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work establishes equal treatment regarding the essential conditions of work and of employment between temporary agency workers and workers who are directly recruited by the user company. In addition, Council Directive 91/533/EEC (the Written Statement Directive) gives workers the right to be notified in writing of the essential aspects of their employment relationship at the latest two months after the employment started. The Commission supports innovative business models which create opportunities for EU citizens in terms of facilitating entry into employment, work flexibility and new sources of income. The Entrepreneurship 2020 Action Plan sets out a vision and concrete measures to re-ignite the entrepreneurial spirit in Europe. Measures to support self-employment at EU level also aim to reach those segments of the population whose entrepreneurial potential is not yet fully exploited, in particular for women (who represent only 29% of entrepreneurs in Europe). Dedicated actions to develop social entrepreneurship were proposed by the Expert Group on Social Entrepreneurship (GECES) report adopted in 2016. The increased voluntary geographical and occupational mobility of workers on a fair basis are included in the objectives of both the European Network of Public Employment Services (PES), established through the Decision No 573/2014/EU of the European Parliament and Council, and of the EURES Network established through the Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets. For highly qualified third country nationals, the Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment limits however their occupational mobility for the first two years of legal employment in a Member State, to respect the principle of Community preference and to avoid abuses. 2. Scope and changes introduced by the European Pillar of Social Rights The Pillar reflects the challenges posed by the changing world of work and new forms of employment, endorsing diversity of employment relationships, entrepreneurship and self-employment, and, on the other hand, establishing safeguards to prevent abuse of employment relationships that can lead to precarious employment relationships, and certain guarantees to ensure workers can access training and social security throughout the course of their career. The Pillar extends the guarantee of equal treatment beyond the three forms of employment relationships (part-time, fixed-term and agency work) currently covered by the Union acquis and provides for equal treatment between workers irrespective of the type of employment relationship. Furthermore, it emphasises support for transitions towards open-ended employment relationships. The Pillar recognises the necessary flexibility for employers to adapt swiftly to changes in the economic context. Such adaptations can for instance include differential treatment on objective grounds or adaptations in working conditions to avoid excessive employment loss during downturns. Such changes cannot be unilateral and need to be circumscribed within the limits of existing legislation and collective bargaining agreements. The material scope of the equal treatment principle is extended to guarantee access to social protection and to training. The principle ensures equal treatment in accessing statutory social security. Current Union rules (for part-time and fixed-term work) require employers to faciliate access to training. The Principle goes beyond this and requires equality of treatment in access to training.

Equal treatment may however not always be sufficient to counter precariousness, in particular where one and the same employer only uses non-standard forms of employment. An explicit prohibition of abuse is therefore provided in the principle. The prohibition of both abuse of employment relationships leading to precariousness and of unreasonably long probation periods point beyond the current Union acquis. In this regard, preventive measures can include differential taxation of employment relationships leading to precariousness or the establishment of bonus malus systems for the social security contributions. The Pillar underlines the importance of supporting emerging business models, innovative forms of work, entrepreneurship and self-employment. In general, new business models have the potential of creating opportunities, facilitating entry into employment, work flexibility and new sources of income. Such support should, however, be premised on a requirement for quality working conditions. To maximise the employment impact of such innovation, the facilitation of occupational mobility can entail both enhanced possibilities for vocationnal tranining and re-qualification and a social protection system which fosters and facilitates career changes. 3. Implementation a) What Member States and Social Partners can do Each Member State may define the balance between security and flexibility on its labour market differently. To give effect to the provisions of the Pillar, Member States are nevertheless invited to ensure that their employment and social rules are adapted to the emergence of new forms of work, in addition to transposing and enforcing rules adopted at Union level. At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible initiatives envisaged under Article 153 TFEU and may sign agreements which can be implemented at Union level in accordance with Article 155 TFEU upon their request. Social partners may also collect and exchange good practices across the Union. At national level, social partners may support the implementation of this Principle via collective bargaining and through their involvement in the design and implementation of relevant policies. b) Recent and ongoing initiatives at EU level Together with the European Pillar of Social Rights, the Commission is launching a first-stage consultation of the social partners on the revision of Directive 91/533/EEC (the Written Statement Directive). As part of this consultation, the social partners will be consulted on whether to amend the Directive more substantially with a view to introducing minimum standards applicable to every employment relationship and prohibiting abuse. The Commission is also presenting together with the European Pillar of Social Rights a first-stage consultation of the social partners on an initiative concerning "Access to Social Protection", in order to address varying access to social protection by workers in standard employment and people employed on non-standard contracts and in various forms of self-employment. The consultation equally addresses the access to employment services and training and the transferabililty of social protection and training entitlements, in view of facilitating occupational mobility. In 2017, the Commission will complete a REFIT evaluation of the Directives which give effect to the Social Partner Framework Agreements on fixed-term and part-time work. Eurofound, the European Foundation for the Improvement of Living and Working Conditions, one of the EU's decentralised agencies, is supporting the work of the Commission, Member States and social partners on working conditions and sustainable work, industrial relations, monitoring structural change and managing restructuring, focusing as well on opportunities and challenges in the digital age.



Wages a. Workers have the right to fair wages that provide for a decent standard of living. b. Adequate minimum wages shall be ensured, in a way that provide for the satisfaction of the needs of the worker and his / her family in the light of national economic and social conditions, whilst safeguarding access to employment and incentives to seek work. In-work poverty shall be prevented. c. All wages shall be set in a transparent and predictable way according to national practices and respecting the autonomy of the social partners. 1. The Union acquis a) The Charter of Fundamental Rights of the European Union Article 31 of the Charter, entitled “Fair and just working conditions”, gives every worker the right to working conditions which respect his or her health, safety and dignity. b) The legislative powers and their limits

Article 153(5) TFEU provides that the provisions of Article 153 TFEU shall not apply to pay. According to Article 145 TFEU, the Union and the Member States shall work towards developing a coordinated strategy for employment. Pursuant to Article 147 TFEU, the Union shall contribute to a high level of employment by encouraging cooperation between Member States and by supporting and, if necessary, complementing their action. In doing so, the competences of Member States shall be respected. c) Existing measures The Union and its Member States together pursue the European Employment Strategy, including as concerns the monitoring of wage and minimum wage developments and of the underlying wage setting mechanisms. Trends in labour costs, including their wage component, are also monitored in the framework of the Union economic policy coordination process pursuant to Articles 120 and following TFEU. As provided for in Art 136 (1) (b) TFEU, economic policy recommendations are also addressed to the euro area; this may include the monitoring of labour costs. The surveillance under Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances includes the monitoring of competitiveness developments, including labour costs. The Council Recommendation of 20 September 2016 on the establishment of National Productivity Boards recommends that the Boards thereby established should analyse developments and policies that can affect productivity and competitiveness, including relative to global competitors, in full respect of national established practices. Commission Recommendation 2008/867/EC of 3 October 2008 sets out an integrated, comprehensive strategy for the active inclusion of those excluded from the labour market, including the promotion of quality work, notably as concerns pay and benefits, with a view to preventing in-work poverty. 2. Scope and changes introduced by the European Pillar of Social Rights The Pillar sets out the right to fair wages providing for a decent standard of living for all workers. Comparable rights are already included in the 1989 Community Charter of the Fundamental Social Rights of Workers, one of the sources of Title X on Social Policy of the TFEU as well as in the (revised) European Social Charter. The Pillar foresees a level of the minimum wage which takes into consideration both the needs of workers and their families and social factors such as the evolution of the standards of living and economic factors, which can include the level of productivity. The Pillar recognises the role of minimum wages in combatting poverty, while avoiding employment traps. This is with a view to boosting the incomes of poor families and providing a fair compensation from work for those at the bottom end of the wage distribution, thus also increasing their incentives to work. Other measures may include reducing the tax burden on low-wage earners and their families and supplementing income from work with effective social benefits. The Pillar requires that all wages are set in a transparent and predictable way, in full respect of national practice, notably as concerns the right to collective bargaining of social partners and their autonomy. As concerns minimum wages, most Member States have a national statutory minimum wage. This is a regulatory instrument making a single wage floor legally binding for all employees. A few Member States do not have a statutory minimum wage and different wage floors are set by the social partners through collective agreements, often at sector level. The Pillar does not challenge in any way this diversity of practices and recognises the autonomy of the social partners. Within this context, transparency means that well-established consultation procedures should be followed when setting the minimum wage, leading to consensus between relevant national authorities and the social partners, and possibly building on input from other stakeholders and independent experts. In addition, the Pillar calls for ensuring the predictability of wage decisions, for example through the definition of rules such as adjustment to the cost of living for minimum wages. 3. Implementation a) What Member States and Social Partners can do Member States and the social partners are responsible for the definition of wage and minimum wage developments in accordance with their national practices, as set in their collective bargaining and minimum wage-setting systems. They are invited to give effect to the provisions of the Pillar through transparent minimum wage setting mechanisms and effective collective bargaining at national, sector and firm level, and by taking complementary measures to avoid in-work poverty. Furthermore, Member States may ratify, if not yet done so, and apply ILO N° 131 convention on minimum wage fixing and the Convention N° 154 on the promotion of collective bargaining. At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union level at their request in accordance with Article 155 TFEU. Social partners may also collect and exchange good practices across the Union. At national level, social partners may support the implementation of the Pillar through collective bargaining and through their involvement in the design and implementation of relevant policies. b) Recent and ongoing initiatives at EU level Minimum wages and other measures to address in-work poverty, as well as more general issues related to wage developments are addressed in Country Specific Recommendations within the European Semester process.

Information about employment conditions and protection in case of dismissals

a. Workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including on probation period. b. Prior to any dismissal, workers have the right to be informed of the reasons and be granted a reasonable period of notice. They have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. 1. The Union acquis a) The Charter of Fundamental Rights of the European Union Article 27 of the Charter gives every worker the right to be guaranteed information and consultation in good time and at the appropriate levels, in the cases and under the conditions provided for by Union law and national laws and practices. Article 30 of the Charter lays down the right for every worker to be protected against unjustified dismissal, in accordance with Union law and national laws and practices. Article 47 of the Charter guarantees everyone whose rights and freedoms guaranteed by Union law are violated the right to an effective remedy. b) The legislative powers and their limits According to Article 153(2) of the Treaty on the Functioning of the European Union (TFEU), the Union is empowered to adopt measures to support and complement the activities of Member States in the fields of working conditions, protection of workers where their employment contract is terminated and information and consultation of workers. Directives adopted on the basis of Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. c) Existing measures Council Directive 91/533/EEC (the Written Statement Directive) gives workers the right to be notified in writing of the essential aspects of their employment relationship, at the latest two months after the employment started. It does not contain specific obligations in relation to probation periods. The Written Statement Directive requires an employer to notify an employee of the length of the periods of notice to be observed should their contract or employment relationship be terminated or, where this cannot be indicated at the time when the information is given, the method for determining such periods of notice. Directive 2001/23/EC , which regulates workers' rights in the case of transfer of undertakings, stipulates that the transfer of an undertaking does not in itself constitute valid grounds for dismissal. Council Directive 92/85/EEC on maternity protection and the revised Framework Agreement on parental leave concluded by social partners (BusinessEurope, UEAPME, CEEP and ETUC) – annexed to Council Directive 2010/18/EU – provide, respectively, specific protection against dismissal for women during their pregnancy and for parents taking paternity or adoption leave. Council Directive 2000/78/EC (the Employment Equality Directive) on equal treatment in employment and occupation protects workers against dismissal where there is discrimination on a prohibited ground, including victimisation. Protection against dismissal and unfavourable treatment is also provided under EU law through the Part-time Work Directive, the Gender Equality Directive, the Directive on equal treatment between men and women engaged in an activity in a self-employed capacity and the Parental Leave Directive, and has been reinforced by the case-law of the Court of Justice of the EU. Council Directive 98/59/EC on collective redundancies requires employers to inform and consult workers' representatives and to notify public authorities prior to collective redundancies. The Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships aims to enhance the quality of traineeships, providing quality elements that are directly transferable to national legislation or social partner agreements. They relate in particular to learning content, working conditions, and transparency regarding financial conditions and hiring practices. 2. Scope and changes introduced by the European Pillar of Social Rights The Pillar requires written information to be provided to the worker about his or her working conditions at the start of the employment relationship, rather than within the two months currently provided for by the Written Statement Directive. Since probation periods are significant for most employment relationships, the Pillar also adds information duties in this regard. These changes will increase awareness of rights on the part of employers and workers. They should also help reduce undeclared work. The Pillar also goes beyond the existing acquis by introducing procedural and substantive safeguards for workers in case of dismissals. Adequate reasoning should be provided and a reasonable period of notice be respected. Moreover, the Pillar provides that workers should have access to effective and impartial dispute-resolution procedures. This can include arbitration, mediation or conciliation procedures. The Pillar also introduces the right to adequate redress in case of unjustified dismissals, such as re-instatement or pecuniary compensation. Unjustified dismissals are to be understood as those that are in breach of the rules applicable to the employment relationship in question.

3. Implementation a) What Member States and Social Partners can do Member States are in charge of transposing and enforcing rules adopted at Union level. Given that the Union measures set out above contain minimum standards, Member States are invited to go beyond these rules in order to give effect to the Pillar. Furthermore, Member States may ratify, if not yet done so, and apply relevant ILO Conventions such as Convention N° 122 on Employment Policy, N ° 144 on Tripartite Consultations, Convention N° 135 on Workers' Representatives and Convention N° 154 on Promotion of Collective Bargaining. At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union level at their request in accordance with Article 155 TFEU. Social partners may also collect and exchange good practices across the Union. At national level, social partners may support the implementation of this Principle via collective bargaining and through their involvement in the design and implementation of relevant policies. b) Recent and ongoing initiatives at EU level The Commission is launching together with the European Pillar of Social Rights a first-stage consultation of the social partners on the revision of the Written Statement Directive, covering the scope of application of the Directive and the extension of the 'information package', including on the probation period. As part of this consultation, the Social Partners will be consulted on whether to amend the Directive more substantially with a view to introducing a minimum floor of workers' rights applicable to every type of employment relationship.

Social dialogue and involvement of workers a. The social partners shall be consulted on the design and implementation of economic, employment and social policies according to national practices. They shall be encouraged to negotiate and conclude collective agreements in matters relevant to them, while respecting their autonomy and the right to collective action. Where appropriate, agreements concluded between the social partners shall be implemented at the level of the Union and its Member States. b. Workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies. c. Support for increased capacity of social partners to promote social dialogue shall be encouraged. 1. The Union acquis a) The Charter of Fundamental Rights of the European Union Article 28 of the Charter provides that workers and employers, or their respective organisations, have, in accordance with Union law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action. Article 27 of the Charter gives every worker the right at the appropriate levels to be guaranteed information and consultation in good time in the cases and under the conditions provided for by Union law and national laws and practices. b) The legislative powers and their limits The promotion of dialogue between management and labour is enshrined as a common objective of the Union and the Member States in Article 151 of the Treaty on the Functioning of the European Union (TFEU). According to Article 153(2) TFEU, the Union is empowered to adopt measures to support and complement the activities of Member States in the fields of the information and consultation of workers and the representation and collective defence of the interests of workers and employers, including co-determination. The powers given by Article 153 TFEU do not apply to pay, the right of association, the right to strike or the right to impose lock-outs. Directives adopted on the basis of Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.

c) Existing measures Directive 2002/14/EC of the European Parliament and of the Council on informing and consulting workers (the Information and Consultation Directive) aims at ensuring workers’ involvement ahead of decision-making by management, notably where restructuring is envisaged. Directive 2009/38/EC of the European Parliament and of the Council on the establishment of a European Works Council addresses the need for proper information and consultation processes in the case of EU-scale companies through the setting up of European Works Councils to deal with transnational issues that could affect workers. Council Directive 98/59/EC on collective redundancies and Council Directive 2001/23/EC on the transfer of undertakings go beyond ensuring the information and consultation of workers' representatives; for instance, the latter Directive ensures the safeguarding of workers' rights when a business is transferred from one employer to another.



The EU Quality Framework for anticipation of change and restructuring promotes principles and good practices addressed to employers, employees, social partners and public authorities with regard to the anticipation of change and the management of the restructuring processes. The Joint Statement signed by the Presidency of the Council of the European Union, the European Commission and the European Social Partners on "A New Start for Social Dialogue" emphasises the importance of capacity building of national social partners, the strengthened involvement of social partners in EU policy and law-making and the commitment to promote cross-industry and sectoral social dialogue, including their outcomes at all levels. 2. Scope and changes introduced by the European Pillar of Social Rights The Pillar sets the right for social partners to be involved in the design and implementation of employment and social policies, and supports their stronger involvement in policy and law-making while taking into account the diversity of national systems. Its realisation entails setting the appropriate institutional or legal framework at Union and national level, by giving a clear role to social partners not only in consultation and preparation of relevant legislation and policies, but also in their implementation and enforcement. The Pillar entitles all workers in all sectors to be informed and consulted directly or through their representatives on matters relevant to them such as the transfer, restructuring and merger of undertakings and collective redundancies. It looks beyond the current Union acquis given that: it applies regardless of the staff numbers involved; its material scope encompasses both the restructuring and merger of companies; and the right is not just to receive information but also to be consulted about any such corporate action, which implies an exchange of views and the establishment of a consistent dialogue with the employer. Moreover, Principle 8b covers any issues that concern workers, whereas existing Directives contain a limited list of topics for engaging in information and consultation processes. By referring to 'matters relevant to them, in particular (…) the transfer, restructuring and merger of undertakings and (…) collective redundancies', it goes further than Article 27 of the Charter, which provides for a right to information and consultation 'in the cases and under the conditions provided for by Union law and national laws and practices'. While capacity-building is first and foremost a bottom-up process depending on the will and efforts of the social partners themselves, the provisions of the Pillar highlight that the efforts by the social partners can be complemented by public authorities while respecting the social partners' autonomy. Capacity-building refers to increasing the representativeness of social partners and to strengthening their operational, analytical and legal capabilities to engage in collective bargaining and to contribute to policy-making. This support can take the form of setting the appropriate institutional/legal framework, by giving a clear role to social partners in policymaking and also by providing financial support. 3. Implementation a) What Member States and Social Partners can do While respecting the autonomy of the social partners, Member States are invited to involve the social partners closely in the design and implementation of relevant reforms and policies and to help them to improve the functioning and effectiveness of social dialogue and industrial relations at national level. Member States are also invited to encourage good practices as regards informing and consulting workers and their representatives. Social partners may also collect and exchange good practices across the Union. At national level, social partners may support the implementation of this Principle via collective bargaining and through their involvement in the design and implementation of relevant policies. Social Partners may improve membership and representativeness of both trade unions and employers' organisations, particularly with regard to their capacity to represent the self-employed, workers on all types of employment relationships, young people, migrants and women, micro and small enterprises and to build legal and technical expertise in order to facilitate their proper involvement in the design and implementation of employment and social policies at both national and Union level. The EU social partners at cross-industry level committed to promote capacity-building and to improve the implementation of their autonomous agreements in their current work programme 2015-2017. b) Recent and ongoing initiatives at EU level

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union level at their request in accordance with Article 155 TFEU. Social partners may also collect and exchange good practices across the Union. The Tripartite Social Summit for Growth and Employment and of the Macroeconomic Dialogue remains the crucial fora to discuss with social partner representatives at political level. The EU social partners at cross-industry level committed to promote capacity-building and to improve the implementation of their autonomous agreements in their current work programme 2015-2017. In 2017, the Commission will publish a REFIT Evaluation of Directive 2009/38/CE of the European Parliament and of the Council on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees. It will also publish a guidance document concerning the same Directive aimed at improving its implementation and establishing greater legal certainty. In 2017, the Commission will report to the other Union institutions and to the social partners on the way the good practices collected in the 2013 "EU quality framework for anticipation of change and restructuring" are being applied by Member States. The Union will continue to promote investment by the Member States in the capacity-building of social partners and to foster the provision of information to employee representatives, and consultation of employee representatives, taking account of national legislation that has transposed the Directives on informing and consulting workers, collective redundancies and European Works Councils.



Work-life balance Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way. 1. The Union acquis a) The Charter of Fundamental Rights of the European Union Article 23 of the Charter provides that equality between men and women must be ensured in all areas, including employment, work and pay. The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex. Article 33(2) of the Charter stipulates that in order to reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child. b) The legislative powers and their limits

According to Article 153(2) of the Treaty on the Functioning of the European Union (TFEU), the Union is empowered to adopt measures to support and complement the activities of Member States inter alia in the fields of workers' health and safety, working conditions and equality between men and women with regard to labour market opportunities and treatment at work. Article 157(3) TFEU empowers the Union to adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. Directives adopted on the basis of Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. c) Existing measures Council Directive 92/85/EEC requires Member States to provide workers with maternity leave of a duration of at least 14 weeks, with an allowance at least at the level of sick pay. Directive 2010/41/EU of the European Parliament and of the Council stipulates that female self-employed workers and the female spouses and life partners of self-employed workers need to be granted sufficient maternity allowance to enable the interruption of their occupational activity on account of pregnancy or motherhood, for a period of at least 14 weeks. The revised Framework Agreement on parental leave concluded by social partners (BusinessEurope, UEAPME, CEEP and ETUC) - implemented at Union level by Council Directive 2010/18/EU - gives male and female workers an individual right to parental leave of at least four months and requires Member States to take measures to ensure that workers may request a change to their working hours and/or patterns when returning from parental leave, for a set period of time. The Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - implemented by Directive 97/81/EC - protects part-time workers from being treated less favourably than full-time workers and provides that employers should give consideration to requests by workers to switch from full-time to part-time work or vice-versa. 2. Scope and changes introduced by the European Pillar of Social Rights The Pillar highlights the importance of work-life balance for all people with caring responsibilities and confers rights that are essential to attain this balance in today’s working environment, such as the right to access childcare or long-term care. The Principle goes beyond the current acquis by providing rights for all people in employment with caring responsibilities. It will hence also apply to people in employment who are not parents, but who may, for example, care for elderly or disabled family members. Furthermore, the Pillar confers a right to flexible working arrangements such as teleworking, adaptation of working schedules or switching between full-time and part-time work. That right currently exists in Union legislation only when a worker returns to work following parental leave. As regards gender equality, the Pillar sets a new focus on ensuring equal access for women and men to special leave arrangements. The balanced use of these arrangements by men and women should be encouraged, for instance by adjusting the level of payment, or conditions related to flexibility and non-transferability. 3. Implementation a) What Member States and Social Partners can do Member States are in charge of transposing and enforcing rules adopted at Union level. Given that the Union measures set out above contain minimum standards, Member States are invited to go beyond these rules in order to give effect to the provisions of the Pillar. At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible initiatives based on Article 153 TFEU and may request implementation of their agreements at Union level in accordance with Article 155 TFEU. Social partners may also collect and exchange good practices across the Union. At national level, social partners may support the implementation of this Principle via collective bargaining and through their involvement in the design and implementation of relevant policies. The EU social partners at cross-industry level selected reconciliation of work, private and family life as a priority for their current work programme 2015-2017. b) Recent and ongoing initiatives at EU level The Commission is presenting together with the European Pillar of Social Rights the "New start to support Work-Life Balance for parents and carers" initiative. It proposes legislative and policy actions aiming to facilitate the uptake of parental leave by both women and men, to introduce the paternity leave and the carers' leave, to promote the use of flexible working arrangements, as well as to provide more and better child and other care facilities and remove economic disincentives such as tax-benefit disincentives, which discourage second-earners, often women, from entering the labour market. Eurofound, the European Foundation for the Improvement of Living and Working Conditions and the European Institute for Gender Equality, two of the EU's decentralised agencies, are supporting the work of the Commission, Member States and social partners in the area of work-life balance, quality of life and public services.



Healthy, safe and well-adapted work environment and data protection

a. Workers have the right to a high level of protection of their health and safety at work. b. Workers have the right to a working environment adapted to their professional needs and which enables them to prolong their participation in the labour market. c. Workers have the right to have their personal data protected in the employment context. 1. The Union acquis a) The Charter of Fundamental Rights of the European Union Article 31 (1) of the Charter of Fundamental Rights of the European Union gives every worker the right to working conditions which respect his or her health, safety and dignity. Article 8 of the Charter of Fundamental Rights of the European Union gives everyone the right to the protection of personal data and states that such data, the right of access to data which has been collected concerning him or her, and the right to have it rectified. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Compliance with these rules shall be subject to control by an independent authority. b) The legislative powers and their limits According to Article 153 (2) of the Treaty on the Functioning of the European Union (TFEU), the Union is empowered to adopt measures inter alia for the improvement in particular of the working environment to protect workers' health and safety. Directives adopted on the basis of Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) provides that everyone has the right to the protection of personal data concerning him or her.

c) Existing measures Council Framework Directive 89/391/EEC and 23 related Directives set minimum requirements for the prevention of occupational risks, the protection of safety and health and the elimination of risks and accident factors. The Framework Directive establishes the general principles for a proper management of safety and health, such as the responsibility of the employer, rights and duties of workers, risk assessment as an instrument to continuously improve company processes, or workers' representation. The related Directives tailor these main principles to some specific workplaces and sectors, specific risks, tasks or categories of workers. They define how to assess these risks and, in some cases, set limit exposure values for certain substances and agents. Directive 92/85/EEC introduces measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. The General Data Protection Regulation , replacing the Data Protection Directive allows Member States by law or by collective agreements to provide for more specific rules to ensure the protection of the rights and freedoms of employees. In its Communication "Safer and Healthier Work for All" the Commission emphasises the need to refocus efforts on ensuring better and broader protection, compliance and enforcement of occupational safety and health standards on the ground. It announces a number of legislative actions to step up fight against occupational cancer, as well as initiatives to support effective implementation of the rules, notably in microenterprises and SMEs. The Commission invites Member States and social partners to work together in order modernise occupational safety and health legislation at EU and national level, while maintaining or improving workers' protection. 2. Scope and changes introduced by the European Pillar of Social Rights The Pillar goes beyond the current acquis by foreseeing a high level of protection for workers from risks to health and safety at work. It therefore urges Member States, but also employers, to go beyond the minimum requirements laid down in the current acquis and to get as close as possible to an accident-free and casualty-free working environment. This does not mean only applying the rules, but also establishing ever-improving health and safety policies with the help of tools such as web-based tools to facilitate risk assessments, dialogue with workers and workplace suppliers, all supported by guidance and feedback. Principle 10b introduces two inter-related rights: first, it goes beyond the protection of health and safety by affording workers the right to a working environment adapted to their specific occupational circumstances. Secondly, in accordance also with the principle of active ageing, it recognises the need to adapt the working environment in order to enable workers to have sustainable and longer working careers. Certain adaptations, such as for example better lighting for carrying out clerical work, may be necessary due to the worker’s age. In addition, adjustments, such as more flexible working hours, may be necessary to maintain older workers' health and well-being. The Pillar introduces as well the right to protection of personal data for workers. The processing of personal data by the employer has always to be based on a legal ground, normally performance of a contract, compliance with a legal obligation or for the purposes of the legitimate interest pursued by the employer, except where such interest are overridden by the interest or fundamental rights of the worker.

3. Implementation a) What Member States and social partners can do Member States are in charge of transposing and enforcing rules adopted at Union level. Given that the Union measures set out above contain minimum requirements, Member States are invited to go beyond these rules in order to give effect to the Principle of a high level of health and safety at work and by encouraging good practices as regards active ageing at work. At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible initiatives based on Article 153 TFEU and may request their agreements to be implemented at Union level in accordance with Article 155 TFEU. In particular, they can promote and develop joint standards at national or Union level to adapt workplaces to accommodate active aging and intergenerational approach. European social partners signed on 8 March 2017 an autonomous agreement on active ageing and intergenerational approach also covering health and safety to be implemented by national social partners by 2020. Social partners may also collect and exchange good practices across the Union. At national level, social partners may support the implementation of this Principle via collective bargaining and through their involvement in the design and implementation of relevant policies. b) Recent and ongoing initiatives at EU level The Commission has recently proposed amendments to Directive 2004/37/EC (the Carcinogens and Mutagens Directive) aimed at improving protection for millions of workers by revising or establishing binding occupational exposure limit values for a number of dangerous chemical agents. The Commission – in consultation with the social partners - will continue to propose further updates of the Carcinogens and Mutagens Directive to introduce binding limit values to combat occupational cancer. The Commission will support the implementation of the acquis by improving compliance with the rules, in particular in micro-enterprises and SMEs, by putting forward proposals to remove or update outdated health and safety provisions in the light of scientific, technical and societal changes. It will refocus efforts on ensuring better protection, compliance and enforcement on the ground, inter alia by developing guidance for employers. The publication of guides on agriculture, fishing vessels and work-related vehicle risks is expected in 2017. The Commission will launch a peer review process with Member States with the specific aim of reducing administrative burden in national legislation while maintaining worker protection and, in cooperation with the European Agency for Safety and Health at Work, further foster the development of relevant IT tools. The European Agency for Safety and Health at Work, one of the EU's decentralised agencies, will play a key role in collecting and disseminating good practice and will support experience sharing, notably through the Healthy Workplaces campaigns. The "Healthy Workplaces for All Ages" campaign will conclude in 2017, publicising a wealth of examples from across the Union. In 2018, the Commission will aim to enhance the practical application of age-sensitive risk management measures by developing and disseminating relevant guidance for labour inspectors. The Agency will launch the next Healthy Workplaces campaign in 2018, focussing on dangerous substances in support of Commission's effort to fight occupational cancer. To facilitate the application of the data protection rules, the Article 29 Working Party (composed of the 28 national Data Protection Authorities) will issue in 2017 an opinion on personal data processing in an employment context.





Chapter III – Social protection and inclusion Childcare and support to children a. Children have the right to affordable early childhood education and care of good quality. b. Children have the right to protection from poverty. Children from disadvantaged backgrounds have the right to specific measures to enhance equal opportunities. 1. The Union acquis a) The Charter of Fundamental Rights of the European Union Article 14 of the Charter gives everyone the right to education, including the right to free compulsory education. Article 24(1) of the Charter gives children the right to such protection and care as is necessary for their wellbeing. b) The legislative powers and their limits Article 153 (2) of the Treaty on the Functioning of the European Union (TFEU) empowers the Union to adopt measures to support and complement the activities of the Member States in the fields of combatting social exclusion and the modernisation of social protection systems. The Union is empowered pursuant to Article 165 TFEU to contribute to the development of quality education by encouraging policy cooperation between the Member States and, if necessary, by supporting and implementing their action. Pursuant to Article 156 TFEU, with a view to achieving the objectives of Article 151 TFEU and without prejudice to the other provisions of the Treaties, the Commission is tasked to encourage cooperation between the Member States and facilitate coordination of their action in all social policy fields under Title X of the TFEU. Article 153(4) provides that provisions adopted pursuant to Article 153 TFEU shall not affect the right of Member States to define the fundamental principles of their social security system and must not significantly affect the financial equilibrium thereof. c) Existing measures In 2002, the European Council set ‘the Barcelona Targets’ to ensure the provision of formal childcare to at least 90% of children in the Union between the age of 3 and the mandatory school age, and at least 33% of children under the age of 3 by 2010. These targets were reaffirmed in the European Pact for Gender Equality 2011-2020. The 2009 Strategic Framework for European cooperation in education and training (ET2020) set up a number of objectives in education and training, including a benchmark in Early Childhood Education and Care (ECEC). Commission Recommendation 2008/867/EC on the active inclusion of people excluded from the labour market refers to the need for access to quality services, including childcare. Council Recommendation of 28 June 2011 on policies to reduce early school leaving mentions the provision of high-quality ECEC as a preventive measure to reduce the risk of early school leaving. Commission Communication and Council conclusions of 2011 on Early childhood education and care: providing all our children with the best start for the world of tomorrow, acknowledged that ECEC provides the necessary foundation for lifelong learning, social integration, personal development and future employability. Commission Recommendation 2013/112/EU on Investing in children: breaking the cycle of disadvantage calls on all Member States to step up their investment in children, according to a three-pillar approach, which includes affordable, quality ECEC services and other measures to address child poverty, as part of an integrated child-rights based package of policy measures to improve outcomes for children and break intergenerational cycles of disadvantage. On 16 June 2016, Council Conclusions on "Combating Poverty and Social Exclusion: An Integrated Approach" encouraged the Member States to address child poverty and promote children's well-being through multi-dimensional and integrated strategies, in accordance with the Commission Recommendation on investing in children. The European Regional Development Fund supports measures to improve the ECEC infrastructure and the European Social Fund supports the promotion of equal access to good quality early-childhood education and access to high quality and affordable services for children and families. The Erasmus+ programme provides the possibility for strategic partnerships and mobility in order to improve practice and supports cooperation to advance ECEC policies.

2. Scope and changes introduced by the European Pillar of Social Rights The Pillar establishes that all children have the right to good quality ECEC. ECEC is understood as any regulated arrangement that provides education and care for children from birth to compulsory primary school age - regardless of the setting, funding, opening hours or programme content - and includes centre and family-based day-care; privately and publicly funded provision; pre-school and pre-primary provision. Furthermore, the Pillar highlights the quality aspects of ECEC, understood as combining aspects related to access, workforce, curriculum, monitoring, evaluation and governance. Universally available and good quality ECEC is beneficial for all children and particularly those from a disadvantaged background. The provisions of the Pillar set a right for children to be protected from poverty, meaning that every child shall have access to comprehensive and integrated measures as set out in the 2013 European Commission Recommendation on investing in children. Prevention of poverty and social exclusion is most effectively achieved through int