EN Official Journal of the European Union C 164/62

Opinion of the European Committee of the Regions — Work-life balance for parents and carers

(2018/C 164/11)

Rapporteur: Nathalie Sarrabezolles (FR/PES), President of Finistère Departmental Council Reference documents: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: an Initiative to Support Work-Life Balance for Working Parents and Carers COM(2017) 252 final Proposal for a Directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU COM(2017) 253 final

I. RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

Recital 6

Text proposed by the Commission CoR amendment At Union level, several Directives in the fields of gender equality and working conditions already address certain issues that are relevant for work-life balance, in particular Directive 2006/54/EC of the European Parliament and of the Council (16), Directive 2010/41/EU of the European Parliament and of the Council (17), Council Directive 92/85/EEC (18), Council Directive 97/81/EC (19) and Council Directive 2010/18/EU (20). At Union level, several Directives in the fields of gender equality and working conditions already address certain issues that are relevant for work-life balance, in particular Directive 2006/54/EC of the European Parliament and of the Council (16), Directive 2010/41/EU of the European Parliament and of the Council (17), Council Directive 92/85/EEC (18), Council Directive 97/81/EC (19) and Council Directive 2010/18/EU (20). Furthermore, the Council calls on the Member States and, where appropriate, the European Union, to take measures under the European Pact for Gender Equality (2011-2020) and its provisions on the promotion of a better work-life balance to improve the supply of adequate, affordable, high-quality childcare services for children under the mandatory school age with a view to achieving the objectives set at the European Council in Barcelona in March 2002. Commission Recommendation 2013/112/EU (21) also stresses the need to improve access to sufficient resources and to achieve the Barcelona objectives.

Reason

The reference to the Barcelona targets included in the Europe 2020 strategy is important in relation to measures aimed at improving women’s participation in the labour market.

Amendment 2

Recital 16

Text proposed by the Commission CoR amendment In order to facilitate the return to work following parental leave, workers and employers should be encouraged to maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice. In order to facilitate the return to work following parental leave, workers and employers should be encouraged to maintain contact during the period of leave — without prejudice, however, to workers’ ‘right to disconnect’ — and may make arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice.

Reason

While continuing to be in contact during the period of leave means that workers can remain connected to the labour market, this must not be an obligation for them or degenerate into a form of teleworking.

Amendment 3

New recital after Recital 27

Text proposed by the Commission CoR amendment Equally, local and regional authorities, which play a key role in drafting, implementing and evaluating policies in areas where they often have vital expertise, such as childcare (including the different types of child minding), care for the elderly and people with disabilities, education and social services or employment, as well as social integration and employability, should be involved in the reflection process and in the implementation of the proposed measures. Moreover, local and regional authorities should also promote best practices and mutual learning on how to best foster a work-life balance.

Reason

Local and regional authorities, being employers themselves and due to their proximity to citizens as well as local businesses and employers, can most effectively address the challenges faced by citizens in achieving a work-life balance. They should, therefore, be fully involved in implementing the directive.

Amendment 4

Article 2

Text proposed by the Commission CoR amendment Scope This Directive applies to all workers, men and women, who have an employment contract or employment relationship. Scope This Directive applies to all workers, men and women, who have an employment contract or employment relationship , as well as to atypical workers, including the self-employed .

Reason

In line with Directive 2010/41/EU on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity.

Amendment 5

Article 3

Text proposed by the Commission CoR amendment Definitions Definitions For the purposes of this Directive, the following definitions shall apply: For the purposes of this Directive, the following definitions shall apply: (a) ‘paternity leave’ means leave from work for fathers to be taken on the occasion of the birth of a child; (a) ‘paternity leave’ means leave from work for the father/the person legally recognised as such to be taken on the occasion of the birth of a child; (b) ‘parental leave’ means leave from work on the grounds of the birth or adoption of a child to take care of that child; (b) ‘parental leave’ means leave from work taken by the parents on the grounds of the birth or adoption of a child to take care of that child; (c) ‘carer’ means a worker providing personal care or support in case of a serious illness or dependency of a relative; (c) ‘carer’ means a worker providing personal care or support in case of a serious illness or dependency of a relative; (d) ‘relative’ means a worker’s son, daughter, mother, father, spouse or partner in civil partnership, where such partnerships are envisaged by national law; (d) ‘relative’ means a worker’s son, daughter, mother, father, spouse or partner in civil partnership, where such partnerships are envisaged by national law; (e) ‘dependency’ means a situation in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illness; (e) ‘dependency’ means a situation in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illness; (f) ‘flexible working arrangements’ means the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours. (f) ‘flexible working arrangements’ means the possibility for workers , after discussion with their employer, to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.

Reason

The directive should take into account developments in the make-up of families.

Amendment 6

Article 4

Text proposed by the Commission CoR amendment Paternity leave Paternity leave 1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child. 1. Member States shall take the necessary measures to ensure that the father/the person legally recognised as such has the right to take paternity leave of at least ten working days on the occasion of the birth of a child , which must be taken in the three months following the birth . 2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law. 2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law.

Reason

The directive should take into account developments in the make-up of families. At the same time, paternity leave is intended to be taken around the time of the birth and it has to be clearly linked to this event. That is why the amendment sets a time limit for it.

Amendment 7

Article 5

Text proposed by the Commission CoR amendment Parental leave Parental leave 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve. 1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve. 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred. 2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred. 3. Member States shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers and workers. Member States shall ensure that the worker’s request specifies the intended beginning and end of the period of leave. 3. Member States shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers and workers. Member States shall ensure that the worker’s request specifies the intended beginning and end of the period of leave. 4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC (21), with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. 4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC (21), with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing. 5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing. 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing. 6. Member States shall take the necessary measures to ensure that workers have the right to request parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing. 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, parents having a disability and parents with children with a disability or long-term illness. 7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, parents having a disability and parents with children with a disability or long-term illness. 8. Member States shall define the concept of parenthood and shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted where there are more than two applicants for such parental leave.

Reason

It is up to the Member State to define the impact of possibly taking account of developments in the concept of parenthood.

Amendment 8

Article 8

Text proposed by the Commission CoR amendment Adequate income In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave . Adequate income In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance in line with the Member States’ respective social security systems .

Reason

Member States’ social security systems are a national competence.

Amendment 9

Article 10

Text proposed by the Commission CoR amendment 2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6, workers are entitled to return to their jobs or to equivalent posts on terms and conditions which are no less favourable to them, and to benefit from any improvement in working conditions to which they would have been entitled during their absence. 2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6, workers are entitled to have their jobs reserved or, if appropriate , to obtain equivalent posts on terms and conditions which are no less favourable to them, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.

Reason

The rewording is intended to strengthen the right of an individual who takes parental leave to return to their job.

II. POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

1. welcomes the Commission’s proposal, which is consistent with and also builds on existing provisions in this area and the European Pillar of Social Rights, an initiative that seeks to strengthen the social dimension of the Union and enhance Member States’ upward convergence in the area of social performance. Combining legislative measures with non-legislative measures provides the means necessary to guarantee bottom-up convergence in the EU — something that the existing legislation has so far failed to ensure — while maintaining a degree of flexibility;

2. notes that the legal basis of the Commission’s proposal for a directive — namely Article 153 TFEU — falls within the competences shared between the EU and the Member States and that the principle of subsidiarity is, therefore, applicable. Takes the view that, given that the Commission’s proposal seeks to modernise the existing legal framework in order to provide common minimum standards for work-life balance policies, EU-level action is necessary, suitable and appropriate. Notes in this regard that Article 153 TFEU explicitly provides that a directive is the instrument to be used to lay down minimum requirements for gradual implementation by the Member States, which should ensure that minimal intervention allows the proposal’s objectives to be met. The CoR agrees that such minimum standards are particularly relevant in the context of free movement of workers and the freedom of providing services in the EU Internal Market. Underlines, however, that Union action should leave as much scope for individual and national decisions as possible since it is established practice for this area to be regulated by the social partners at both EU and national level. Regions and municipalities have a dual role as employers and as authorities;

3. would argue that the responsibility for a suitable work-life balance is to be shared between workers, families, the social partners, local and regional authorities and all public and private employers and service providers. Only by ensuring a holistic approach from all sides will it be possible to establish a socially and economically sustainable society that puts individuals and their families at the heart of policy-making;

4. observes that due to cultural beliefs and norms, women are much more likely to assume the role of unpaid carers. This is one of the main reasons why women participate to a lesser extent in the labour market than men. As a result the CoR believes that work-life balance policies, including family leave, may contribute both to increasing employment rates of women and to higher fertility rates, leading to greater economic benefits for all. At the same time, it is important to ensure that family leave does not turn into a trap for women that further restricts their options on the labour market; that is why work-life balance policies must be accompanied by policies to ensure that responsibilities are shared by both sexes. Such policies would make it possible to bring about a change in social structures and a new social pact enabling time for work, domestic chores, caring, leisure and personal life to be divided fairly between men and women;

5. points out that the current demographic trends make it imperative to rethink gender roles and promote more flexible and equal working arrangements, thus facilitating the choice of reducing working times and taking career breaks both for men and for women to care for children and other relatives;

6. regrets that the scope of the directive is limited to workers with a contract of employment or an employment relationship and that it does not cover the various forms of atypical work, such as the self-employed, which would be in keeping with Directive 2010/41/EU on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity. This would also cover concealed employment relationships and economically dependent jobs (the bogus self-employed);

7. agrees with the Commission on the economic and social advantages of a better work-life balance. This balance is a question not only of fairness, gender equality and optimal allocation of skills, but also of countries’ fiscal sustainability and of helping to achieve growth and employment priorities;

8. calls, therefore, for a transition to a new work culture that recognises the shared benefits, for women, families and society of a better work-life balance, namely, that the predicted increase in women in employment and a smaller gender pay gap will impact positively on women themselves in terms of personal satisfaction, financial income and future pensions due to more consistent, fairer pension contributions, as well as for their family’s economic prosperity, their social inclusion and their health, while companies will benefit from a wider pool of talent and a more motivated, more productive workforce as well as less absenteeism;

9. notes that parents and carers, regardless of whether they are women or men, young or older, are also employees and entrepreneurs who live in both rural and urban areas and contribute to their vibrancy; highlights the difficulties of finding carers in these areas given the higher proportion of older people living there. With this in mind, a European label for family-friendly towns and cities could be considered, awarded to those towns and cities providing family-friendly infrastructure, which incites citizens to either remain or move there, thus increasing investment attractiveness for the town or city concerned (1);

10. acknowledges the role played by local and regional authorities in this area, given their competences in matters that affect daily family life, such as childcare, care for the elderly and people with disabilities, education, social services and employment. Multi-level governance is therefore important for the optimal implementation of the directive (2);

11. urges, therefore, that local and regional authorities as large public sector employers in many Member States, be supported in their endeavours to implement appropriate employment and social policies, including through support and capacity-building geared towards implementing work-life balance policies;

12. stresses the importance of the Structural and Investment Funds as tools to promote — in an appropriate manner — the development of measures to create a better work-life balance, particularly by local and regional authorities. In particular, the European Social Fund should be bolstered to better address deprivation, in-work poverty and social inclusion in addition to employability support;

13. highlights that many good practices already exist at local and regional level and should be shared, promoted, and replicated at all levels; those businesses which work to ensure a genuine work-life balance for their employees should be rewarded;

14. note that regions and cities can also ensure easy access to services and leisure by designing and implementing integrated cultural, trade and transport policies that take account of the need to ensure a work-life balance;

15. regrets the lack of mention of the Barcelona objectives, which aim to increase women’s activity rates and, in 2002, set a target in which the European Council agreed that childcare should be provided for at least 90 % of children between three years old and the mandatory school age and for 33 % of all children under the age of 3 for European countries. These objectives have not been met by all Member States, and efforts therefore need to be further stepped up to implement them;

16. points out that the European Semester is a powerful tool in the area of fiscal policy and that it could be very helpful in giving Member States guidance and recommendations concerning economic disincentives for second earners, and guidance on care services;

17. stresses the need to provide flexible working arrangements and to ensure that they are not managed in such a way as to become synonymous with low wages and reduced promotion prospects, especially for women. At the same time, such flexible working arrangements should be properly discussed with employers so as to minimise the risk of disruptions, especially when it comes to SMEs;

18. draws attention to the importance of enabling easy access to training for parents or carers who have had to be absent for lengthy periods due to family and care commitments, and to the wealth of skills acquired by carers;

19. underlines that in today’s labour market, in order to improve employment prospects for all Europeans, but in particular young people, women and carers, measures are needed to increase flexibility and security of new business models and new types of employment. Provided it is properly regulated and accompanied by measures to ensure legal clarity and certainty, increased flexicurity brings benefits to both employees and employers;

20. points out that single parents have to contend with particular challenges in terms of work-life balance and need specific support. They are particularly frequently in part-time work, have few chances of career progression and have particular difficulties in education and training. The Member States and the social partners are called upon to offer flexible working time models especially for single parents and to offer them vocational training compatible with their family responsibilities;

21. it is important for the experience acquired by carers in carrying out this task in their private life to be able to receive practical recognition that helps them access the labour market on a professional basis, with a view to carrying out the same tasks for which they have developed skills in their private life;

22. is disappointed by the lack of proposals to strengthen maternity rights, regarding, for example, protection against dismissal over an extended period of time and, more generally, discrimination at work. This is a missed opportunity, particularly given the purpose of the directive, which is to replace the directive on maternity leave that was withdrawn in 2015;

23. welcomes the introduction of paternity leave and deems it beneficial to both parents and children. Cultural change for fathers to feel that it is acceptable for them to take time off work to care for a child is required which will be brought about more quickly if both parents are treated more equally from the start of the pregnancy;

24. agrees with the proposal to grant paternity leave without prejudice to marital or family status, as defined in national law, to avoid any discrimination. It is a matter for the Member States to define the conditions of access and detailed arrangements for the application of parental leave where there are more than two applicants for such parental leave;

25. encourages the introduction of parental leave, which would be paid as determined by the Member States, who have exclusive competence in this area, by means of legislation or collective agreements and with Member States allowed to lay down the precise arrangements. The CoR maintains that a good work-life balance for parents, which would increase the time in which they are available without threatening their job security, is crucial to the well-being of children and society;

26. recognises that the introduction of paid care leave is an important proposal as it acknowledges and supports those who spontaneously and informally care for elderly or disabled dependant relatives and their commitment to solidarity between generations within families. However, efforts are still needed to guarantee that a sufficient number of long-term facilities are in place to meet emerging needs and that European funds are earmarked for providing long-term care services. These two aspects are essential to help Member States manage the current demographic trends in Europe: the ageing of the population, falling birth rates and an increase in life expectancy. Work-life balance and gender equality need to be complemented by investment in quality long-term care and diversification of services in this area;

27. welcomes the proposal to produce more and better data as part of the non-legislative measures proposed by the Commission, and stresses the need to collect data at local and regional level, in order to be able to shape policies in a targeted and resource-efficient way;

28. express recognition should be given to the educational importance of early childhood services and, consequently, the support measures implemented should take account of this aspect in order to value the staff employed and promote the social perception of work in this extremely sensitive area;

29. underscores that in addition to strengthening protection around leave, the success of the new Directive will depend also on tackling the gender pay gap and ensuring greater equity in the labour market;

30. proposes that data be collected on working hours, including a breakdown by sex and age in order to obtain information on intersectional discrimination;

31. suggests working with the European Institute for Gender Equality (EIGE), the European Foundation for the Improvement of Living and Working Conditions (EUROFOUND) and the European Centre for the Development of Vocational Training (Cedefop) and national and regional equality bodies to continuously update work-life balance indicators to ensure data is relevant and timely;

32. calls on the Commission to urge Member States to include gender equality education in compulsory and pre-school education, and to continue with public authorities’ efforts to provide information and raise awareness;

33. urges the Commission to focus its efforts on ensuring the implementation and enforcement of existing European legislation and existing objectives, in order to achieve work-life balance for parents and carers. The EU should develop and adopt a new multi-annual European gender equality strategy, monitor the situation in the Member States, and disseminate information and good practices in the field of gender equality. Broader gender mainstreaming could provide impetus for efforts at national level;

34. calls on the Commission to urge the Member States to implement measures to reduce the financial cost of childcare during mothers’ and fathers’ working hours, from birth to the start of compulsory schooling;

35. calls on the Commission to urge the Member States to consider the situation of SMEs and micro SMEs and to implement economic measures so that these businesses can promote a work-life balance for their employees.

Brussels, 30 November 2017. The President of the European Committee of the Regions Karl-Heinz LAMBERTZ

(16) Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23).

(17) Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).

(18) Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, p. 1).

(19) Council Directive 97/81/EC, of 15 December 1997, concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ L 14, 20.1.1998, p. 9).

(20) Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ L 68, 18.3.2010, p. 13).

(16) Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23).

(17) Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).

(18) Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, p. 1).

(19) Council Directive 97/81/EC, of 15 December 1997, concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ L 14, 20.1.1998, p. 9).

(20) Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ L 68, 18.3.2010, p. 13).

(21) Commission Recommendation 2013/112/EU of 20 February 2013 — Investing in children: breaking the cycle of disadvantage ( OJ L 59, 2.3.2013, p. 5).

(21) Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).

(21) Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).

(1) Territorial Impact Assessment Report on Work-Life Balance

(2) Ibidem.