Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market (notified under document number C(2008) 5737)
Date: 2008-10-03
Institutions: European Commission
Subjects: European social policy, aid to disadvantaged groups, consultation procedure, marginalisation, poverty, social integration, social security

18.11.2008

EN

Official Journal of the European Union

L 307/11

RECOMMENDATIONS

COMMISSION

COMMISSION RECOMMENDATION

of 3 October 2008

on the active inclusion of people excluded from the labour market

(notified under document number C(2008) 5737)

(2008/867/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community, and in particular Article 211 thereof,

establishing the European

of all, to be ensured by promoting participation in the
labour market and by fighting poverty and exclusion
among the most marginalised people and groups (2).
European employment
the
is
Another
strategy, which aims,
to strengthen social
inter alia,
inclusion,
fight poverty, prevent exclusion from the
labour market and support integration into employment
of people at a disadvantage (3).

instrument

Whereas:

(1)

(2)

(3)

Respect for human dignity is a founding principle of the
European Union, among whose aims are the promotion
of full employment and social progress, the combating of
social exclusion and discrimination and the promotion of
social
justice and social protection. In accordance with
Article 137(1)(h) of the Treaty, the Community has a role
to play in supporting and complementing the activities of
the Member States in the integration of persons excluded
from the labour market. Article 34 of the Charter of
Fundamental Rights of
the European Union provides
for the right to social and housing assistance so as to
ensure a decent existence for all those who lack sufficient
resources.

Council Recommendation 92/441/EEC of 24 June 1992
on common criteria concerning sufficient resources and
social assistance in social protection systems (1) remains a
reference instrument for Community policy in relation to
poverty and social exclusion and has lost none of its
relevance,
to
implement it fully.

although more needs

to be done

Since 1992 new policy instruments have emerged. One
such instrument is the Open method of coordination on
social protection and social
the
inclusion
objectives of which include the active social

inclusion (OMC),

(1) OJ L 245, 26.8.1992, p. 46.

(4)

The persistence of poverty and joblessness and the
growing complexities of multiple disadvantages call for
integrated policies (4). With a view to
comprehensive,
modernising social protection systems, adequate income
support needs to be combined with a link to the labour
market and access to quality services in an integrated
active inclusion strategy (5). This strategy is fully comple­
mentary to the flexicurity approach, while targeting those
excluded from the labour market. It contributes to the
Lisbon strategy by facilitating the activation and the
mobility of
the workforce, and represents a building
block in the social dimension of the EU’s sustainable
development strategy (6).

(2) Communication COM(2005) 706 — Working together, working
the open coordination of social

better: a new framework for
protection and inclusion policies in the European Union.

(3) Council Decision of 7 July 2008 on Guidelines for the employment
policies of the Member States, Council Document 10614/2/082008
(not yet published in the Official Journal).

(4) Communications COM(2007) 620 — Modernising social protection
for greater social justice and economic cohesion: taking forward the
active inclusion of people furthest from the labour market, and
COM(2005) 33 on the social agenda.

(5) Communication COM(2006) 44 — Concerning a consultation on
action at EU level to promote the active inclusion of the people
furthest from the labour market.

(6) Communication COM(2007) 620 — Presidency conclusions of
Brussels European Council of 14 December 2007 and SPC orien­
tation note on active inclusion of 3 July 2008. In particular, see also
Council Conclusions of 5 December 2007, Document 16139/07;
opinion of the Committee of the Regions of 18 June 2008 on
Active Inclusion (Doc. CdR 344/2007); opinion of the European
Economic
and Social Committee of 27 October 2007 on
minimum social standards (Doc. CESE 892/2007).

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(5)

(6)

(7)

Consideration should be given to national priorities and
the availability of financial resources when this Recom­
mendation is gradually implemented.

providers,
evaluation of strategies.

in the development,

implementation and

This Recommendation and the implementation of the
common principles set out herein are without prejudice
to the application of Community law, including State aid
rules and the General block exemption Regulation (1),
and the Community rules on the award of public
contracts.

the
In accordance with the principle of subsidiarity,
Member States are responsible for defining the level of
income support and for establishing the appropriate
policy mix in the light of the different situations and
needs at local, regional and national level,

3. Ensure that active inclusion policies:

(a) support the implementation of fundamental rights;

(b) promote gender equality and equal opportunities for all;

(c)

take careful consideration of the complexities of multiple
disadvantages and the specific situations and needs of the
various vulnerable groups;

HEREBY RECOMMENDS THAT THE MEMBER STATES SHOULD:

(d) take due account of local and regional circumstances and

improve territorial cohesion;

1. Design and implement an integrated comprehensive strategy
for the active inclusion of people excluded from the labour
market combining adequate income support, inclusive labour
markets and access to quality services. Active inclusion
policies should facilitate the integration into sustainable,
quality employment of those who can work and provide
resources which are sufficient to live in dignity, together
with support for social participation, for those who cannot.

2. Ensure the effectiveness of integrated active inclusion policies

through:

(e) be consistent with a lifecycle approach to social and
employment policies so they can support intergenera­
tional solidarity and break the intergenerational trans­
mission of poverty.

4. Organise and implement integrated active inclusion policies
in accordance with the following common principles and
guidelines for each strand, while respecting the principle of
subsidiarity and their different situations, needs and priorities
without prejudice to the application of Community law,
including State aid rules and the Community rules on the
award of public contracts.

(a) comprehensive policy design defining the right mix of
the three strands of the active inclusion strategy, taking
account of their joint impact on the social and economic
integration of disadvantaged people and their possible
interrelationships, including synergies and trade-offs;

(b) integrated implementation across the three strands of the
active inclusion strategy to effectively address the multi­
faceted causes of poverty and social exclusion and
enhance
agencies and
services which deliver active inclusion policies;

coordination between public

(c) policy coordination among local, regional, national and
their particular roles,

EU authorities in the light of
competences and priorities;

(d) active participation of all other relevant actors, including
those affected by poverty and social exclusion, the social
partners, non-governmental organisations and service

(a) Adequate income support

Recognise the individual’s basic right to resources and
social assistance sufficient to lead a life that is compatible
with human dignity as part of
comprehensive,
consistent drive to combat social exclusion.

a

(i) Review their social protection systems, as necessary,
listed in
In
the

in the light of
paragraph B of Recommendation 92/441/EEC.
particular, under an active inclusion strategy,
right to sufficient resources should:

the common principles

— be combined with active availability for work or
for vocational training with a view to obtaining
work in the case of persons whose conditions
permit such active availability, or be subject,
where appropriate, to economic and social inte­
gration measures in the case of other persons,

(1) Commission Regulation (EC) No 800/2008 of 6 August 2008
declaring certain categories of aid compatible with the common
market in application of Articles 87 and 88 of the Treaty (General
block exemption Regulation) (OJ L 214, 9.8.2008, p. 3).

— be combined with policies deemed necessary, at
national level, for the economic and social inte­
gration of those concerned.

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Official Journal of the European Union

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(ii) Ensure

of

the

that

right

implementation

in
accordance with the practical guidelines in paragraphs
C(1), C(2) and C(3) of Recommendation 92/441/EEC.
In particular, when the resources necessary to lead a
living standards and
life of dignity are determined,
price levels by type and size of household in the
taken into
Member State
account using the appropriate national
indicators.
Within an active inclusion framework, an incentive
for persons whose condition
to seek employment
renders them fit
for work should be safeguarded
and the amounts adjusted or supplemented to meet
specific needs.

concerned should be

(b) Inclusive labour markets

Adopt arrangements covering persons whose condition
renders them fit for work to ensure they receive effective
help to enter or re-enter and stay in employment that
corresponds to their work capacity.

(i) Promote the following common principles

in the

context of active inclusion strategies:

— address the needs of people excluded from the
labour market
their
in order
progressive reintegration into society and into
the labour market and to enhance their employ­
ability,

to facilitate

— take the necessary measures to promote inclusive
to

to ensure access
labour markets
employment is an opportunity open for all,

in order

— promote quality jobs, including pay and benefits,
working conditions, health and safety, access to
in
lifelong
particular with a view to preventing in-work
poverty,

prospects,

learning

career

and

— tackle labour market segmentation by promoting

job retention and advancement.

of needs,
training, and motivation to seek a job actively,

job-search assistance, guidance and

— continually review the

incentives

and disin­
centives resulting from tax and benefit systems,
including the management and conditionality of
reduction in high
benefits and a significant
for
marginal effective tax rates,
ensuring
those with
adequate levels of social protection,

low incomes, while

in particular

— provide support

for

the social economy and
sheltered employment as a vital source of entry
jobs for disadvantaged people, promote financial
inclusion and microloans, financial incentives for
employers to recruit,
the development of new
sources of jobs in services, particularly at local
level, and raise awareness of labour market inclu­
siveness,

adaptability
and

— promote
in-work
support
environment,
including attention to health and well-being,
non-discrimination and the application of labour
law in conjunction with social dialogue.

and
supportive

provide

a

(c) Access to quality services

in
Take every measure to enable those concerned,
to
accordance with the relevant national provisions,
receive appropriate social support
through access to
quality services. In particular, measures should be taken
to:

provide services which are essential to supporting active
social and economic inclusion policies, including social
assistance services, employment and training services,
housing support and social housing, childcare,
long-
term care services and health services in accordance
with the following common principles, taking the role of
applicable
local,
Community rules and the different situations, needs
and preferences in the Member States into account:

and national

authorities,

regional

(ii) Implement

these principles through the following

practical guidelines:

— territorial availability, physical accessibility, afford­

ability,

— expand and improve investment in human capital
through inclusive education and training policies,
including
adapt
lifelong
education and training systems in response to
new competence requirements, and the need for
digital skills,

strategies;

effective

— active and preventive labour market measures,
including
responsive
services and support involving early identification

personalised,

tailored,

— solidarity, equal opportunities for service users and
employees, and due account for diversity of users,

— investment

in human capital, working conditions,

and adequate physical infrastructure,

— comprehensive and coordinated services, conceived

and delivered in an integrated manner,

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— users’

involvement and personalised approaches to

meet the multiple needs of people as individuals,

— monitoring and performance evaluation and sharing

of best practice.

in accordance with national
Where possible, organise
provisions the machinery for appeals before the competent
administrative authorities and, where necessary, independent
third parties,
to which the persons
tribunals,
concerned should have easy access.

such as

5. Guarantee the relevant resources and benefits under the
social protection arrangements; use the provisions and
resources of
the
European Social Fund, to support active inclusion measures.

in particular

Structural

Funds,

the

Lay down detailed arrangements and finance costs and
organise
implementation in
accordance with national legislation and/or practice.

administration and

their

Take economic and budgetary constraints, the priorities set
by national authorities and the state of public finances into
account in order to strike the right balance between work
incentives, poverty alleviation and sustainable budgetary
costs.

Take the necessary measures to ensure that all, including the
the
least privileged, are informed of
support available, with the aid, where appropriate, of infor­
mation technologies.

their rights and of

Simplify as far as possible the administrative procedures and
arrangements for examining resources and situations.

6. Improve indicators and information systems in order to
upgrade capacity to produce up-to-date, comparable infor­
mation across all the active inclusion pillars.

Monitor and evaluate active inclusion policies under the
open method of coordination on the basis of close cooper­
ation between the Social Protection Committee and the
from the
Employment Committee
Progress programme.

and with support

Ensure consistency with the Lisbon strategy’s overall policy
in relation to the social cohesion objectives.

This Recommendation is addressed to the Member States.

Done at Brussels, 3 October 2008.

For the Commission
Vladimír ŠPIDLA
Member of the Commission