COMMISSION STAFF WORKING DOCUMENT The EU social acquis Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Launching a consultation on an European Pillar of Social Rights
Date: 2016-03-08
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: EU employment policy, EU initiative, European social policy, economic policy, euro area, labour market, social dialogue (EU), social rights, welfare, working conditions

EN 

   EN 

   EUROPEAN COMMISSION  Strasbourg, 8.3.2016  SWD(2016) 50 final   COMMISSION STAFF WORKING DOCUMENT The EU social acquis Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Launching a consultation on an European Pillar of Social Rights {COM(2016) 127 final} {SWD(2016) 51 final}  
 
 
Table of Contents 

1. 

2. 

A brief history of the social acquis .............................................................................. 3 

The framework of the EU social acquis as laid down in primary law ......................... 4 

2.1.  The Treaties .................................................................................................................. 4 

2.2.  The EU Charter ............................................................................................................ 5 

3. 

Social rights and principles in EU secondary law ........................................................ 6 

3.1.  Work environment and access to work ........................................................................ 6 

3.1.1.  Equal treatment in the workplace ................................................................................. 7 

3.1.2.  Reconciling family and professional life ..................................................................... 7 

3.1.3.  Awareness of conditions of employment ..................................................................... 7 

3.1.4.  Equal treatment regardless of type of contract ............................................................. 8 

3.1.5.  Limitation of working time .......................................................................................... 8 

3.1.6.  Protection of health and safety ..................................................................................... 9 

3.1.7.  Posted workers ............................................................................................................. 9 

3.1.8.  Third country nationals ................................................................................................ 9 

3.1.9.  Protection in the event of termination of employment ............................................... 10 

3.1.10.  Organisation, information and consultation of workers ............................................. 10 

3.1.11.  The prohibition of child labour and protection of young people at work .................. 11 

3.2.  Social protection......................................................................................................... 11 

3.2.1.  Social security coordination ....................................................................................... 12 

3.2.2.  Equal treatment in social security and social integration ........................................... 12 

4. 

Soft law ...................................................................................................................... 12 

4.1.  Policy coordination .................................................................................................... 12 

4.2.  EU funding ................................................................................................................. 14 

4.3.  Recommendations ...................................................................................................... 14 

4.3.1.  Work environment and access to work ...................................................................... 14 

4.3.2.  Social protection......................................................................................................... 15 

4.3.3.  Education and training ............................................................................................... 16 

5. 

Social rights and principles as laid down in international law ................................... 17 

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1. 

A brief history of the social acquis 

EU primary law, consisting of the Treaty on European Union (TEU), the Treaty on the Functioning of 
the  European  Union  (TFEU)  and  the  Charter  of  Fundamental  Rights  (EU  Charter),  bestows  a  social 
mission and mandate on the EU. This social mandate is the result of a long and gradual development. 
Social policy in the broad sense began as a means of securing market integration, and has developed 
into a method to deliver social policies. This paper focuses on this "acquis", in a legal sense. 

Already  starting  with  the Treaty  of  Rome  (1957),  the  European  Economic  Community  provided  the 
creation of a European Social Fund (ESF)  in order to improve employment opportunities for workers 
and  to  contribute  to  the  raising  of  their  standard  of  living  (Chapter  II).  It  included  a  right  to  free 
movement of workers and the abolition of any discrimination based on nationality between workers of 
the  Member  States  as  regards  employment,  remuneration  and  other  conditions  of  work  and 
employment (Article 48). As illustrated in Article 119, it also focused on gender equality with respect 
to  equal  pay for  equal  work.  In  the  field  of  the  protection  of  health  and  safety in  the  workplace  the 
Commission  could  issue  opinions  on  problems  at  national  and  international  level  (Articles  117  and 
118).1 Moreover, due to the Treaty's obligation for the Council to act in the area of the coordination of 
social  security  (Article  51),  EU  secondary  legislation  in  this  field  has  existed  since  1958.2  Finally, 
concrete action was taken on vocational training already in 1963.3 Relatively early the Court of Justice 
of  the  European  Union  (CJEU)  took  social  considerations  on  board,  in  particular  in  cases  involving 
individuals. The result was that individuals, often migrant workers and their families were held to be 
entitled to various types of social benefits.4 

The EU social acquis initially evolved in order to complete the single European market.5 The social 
policy further developed with the inclusion by the Single European Act in 1986 of the possibility to 
adopt  minimum  requirements  on  the  health  and  safety  of  workers  (Article  118a).  The  areas  for  EU 
action were expanded in the 1992 Maastricht Treaty’s Social Protocol. The Protocol’s provisions were 
subsequently integrated into the general Treaty framework by the 1998 Amsterdam Treaty rendering 
them applicable to all Member States, forming the basis for the current Title X of the TFEU. From the 
entry  into  force  of  the  Lisbon  Treaty,  the  EU  had  for  the  first  time  in  the  history  of  integration 
included the concept of achieving a highly competitive social market economy.6 

As  for  fundamental  social  rights,  the  initial  point  of  reference  in  the  EU  legal  order  was  the 
Community  Charter  of  the  Fundamental  Social  Rights  of  Workers,  adopted  in  1989  by  all  Member 
States except the UK. Not legally binding, the 1989 Community Charter was a political instrument and 
a point of reference for the CJEU.7 Many of the 1989 Community Charter’s rights are now featured in 
the  EU  Charter.  Proclaimed  in  Nice  in  2000  and  given  status  equal  to  primary  law  by  the  Lisbon 
Treaty in 2009, the EU Charter contains a great number of social and welfare rights that need to be 
respected by the EU Institutions, as well as the Member States when they are implementing EU law. 

1 Minimum occupational health and safety requirements were needed in order to complete the single European 
market.  This  led  to  the  adoption,  for  example,  of  Directive 82/605/EEC  on  protection  against  the  risks 
associated with metallic lead, Directive 83/477/EEC on asbestos, and Directive 86/188/EEC on noise.. 

2 Regulations No 3 and 4 of 1958. 
3  63/266/EEC:  Council  Decision  of  2  April  1963  laying  down  general  principles  for  implementing  a  common 

vocational training policy. 

4 Cf. Case 249/83, Hoeckx; case 94/84, Deak; and C-237/94, O’Flynn. 
5  Many  early  EU  labour  law  measures  were  based  on  the  general  harmonisation  competence  for  the 
establishment and functioning of the internal market. See e.g. Directive 80/987/EEC on employer insolvency, 
Directive 75/125 on collective redundancies, and Directive 77/187/EEC on transfer of undertakings. 

6 Article 2(3) TEU. 
7 For example case C-173/99, BECTU; C-397/01, Pfeiffer and C-151/02, Jaeger. 

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2. 

The framework of the EU social acquis as laid down in primary law 

2.1. 

The Treaties 

The  social  mission  and  objectives  of  the  EU  are  to  promote  the  well-being  of  its  peoples  (Article  3 
TEU), to work for the sustainable development based on a highly competitive social market economy, 
aiming at full employment and social progress, and a high level of protection. The EU shall combat 
social  exclusion  and  discrimination,  promote  social  justice  and  protection,  equality  between  women 
and men, solidarity between generations and protection of the rights of the child. It shall also promote 
economic, social and territorial cohesion, and solidarity among Member States.  

The EU shall pursue these social objectives by appropriate means commensurate with the competences 
which  are  conferred  upon  it  in  the  Treaties  (Article  5(2)  TEU).  The  use  of  these  competences  shall 
comply with the principles of subsidiarity and proportionality (Article 5(3) and 5(4) TEU).  

The  social  mission  of  the  EU  is  further  enhanced  by  Article  9  TFEU  that  prescribes  a  social 
‘mainstreaming’  obligation,  stating  that  in  defining  and  implementing  its  policies  and  activities,  the 
EU shall take into account requirements linked to the promotion of a high level of employment, the 
guarantee of adequate social protection and the fight against social exclusion. 

The EU has implemented its social mission and objectives inter alia on the basis of Article 153 TFEU 
of the Social Policy Title X. The central provision in this Title is Article 153(1). It has a wide personal 
and material scope, providing the legal basis for the EU “to support and complement the activities of 
the  Member  States”  in  a  number  of  fields  for  people  both  inside  and  outside  the  labour  market: 
workers, jobseekers and unemployed. The objective is to improve working conditions, social security 
and  social  protection,  workers'  health  and  safety,  information  and  consultation  of  workers,  and  the 
integration of persons excluded from the labour market. 

For  all  those  fields  the  EU  is  granted  a  law-making  competence  to  adopt  directives  (except  the 
combating of social exclusion and the modernization of social protection systems), but this power is 
limited  in  two  ways:  the  EU  operates  under  “shared  competence”  (Article  4  TFEU),  and  can  only 
establish minimum requirements. 

For directives concerning  social security and social protection of workers, the protection of workers 
where their employment  contract is terminated, the representation  and collective defence of workers 
and  employers  and  conditions  of  employment  for  third-country  nationals  legally  residing  in  EU's 
territory,  unanimous  Council  voting  with  consultation  of  the  European  Parliament  is  required.8  The 
specific  bridging  clause,  which  authorises  the  Council  to  decide  unanimously  to  apply  the  ordinary 
legislative procedure9 can be applied in those cases, except on measures concerning social security and 
social protection of workers. 

The final paragraph of Article 153 TFEU declares that "the provisions of this Article shall not apply to 
pay,  the  right  of  association,  the  right  to  strike  or  the  right  to  impose  lock-outs",  limiting  the  EU’s 
power under this social competence.10  

8 Second subparagraph of Article 153(2)(b) TFEU. 
9 Third subparagraph of Article 153(2)(b) TFEU. 
10 However, some measures based on Article 153 TFEU, such as the fixed-term, part-time and temporary agency 
work  directives  include  pay  among  the  “employment  conditions”  for  which  they  lay  down  a  right  to  equal 
treatment. Aspects of pay are also indirectly regulated by Article 7 of the Working Time Directive, which lays 
down the right to minimum paid annual leave. In none of these cases are the levels of pay determined by EU 
law and this remains a matter of national competence. The CJEU has explicitly held that “as [Article 153(5) 

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Article 5(3) TFEU provides that the EU may take initiatives to ensure coordination of Member States' 
social policies. The scope of and arrangement for exercising the Union’s competence in this regard is 
set  out  in  Article  156  TFEU,  laying  down  the  necessary  infrastructure  for  a  social  ‘open  method  of 
coordination’. 

The TFEU features a unique additional way for the EU to adopt social policy legislation, namely by 
the  implementation  of  agreements  concluded  between  the  social  partners,  i.e.  representatives  of 
management and labour, at EU level. Articles 152, 154 and 155 TFEU provide the legal framework 
for this European-level social dialogue. In the areas covered by Article 153 TFEU, such agreements 
shall be implemented “at the joint request of the signatory parties, by a Council decision”.11 

Article 21(3) TFEU provides competence for the EU to adopt measures concerning social security or 
social  protection.  Similarly,  for  cross-border  situations  in  the  internal  market  Article  45–48  TFEU 
provide competence to secure the free movement of workers in the EU.  

Finally, Articles 145, 148, 162, 165 and 168 TFEU on employment guidelines, the ESF, education and 
health can be mentioned in the present context.  

The EU Charter 

2.2. 
A  wide  range    of  social  rights  and  principles  are  laid  down  in  the  EU  Charter.12  The  EU  Charter  is 
binding on the EU institutions, which means that they have to respect and observe it whenever they act 
in accordance with the powers conferred on them by the Treaties. In addition, the Charter is binding 
on the Member States when they are implementing EU law, for instance when transposing directives 
into their national law.  Many of the social rights and principles laid down in the Charter have been 
concretised by means of secondary law. These measures are fully binding on the Member States and 
are interpreted by the CJEU in the light of the Charter.13 

TFEU]  derogates  from  paragraphs  1  to  4  of  that  article,  the  matters  reserved  by  that  paragraph  must  be 
interpreted strictly so as not to unduly affect the scope of paragraphs 1 to 4, nor to call into question the aims 
pursued  by  Article  [151  TFEU]”.  See  inter  alia  Case  C-268/06,  Impact,  and  C-307/05,  Yolanda  Del  Cerro 
Alonso v Osakidetza-Servicio Vasco de Salud. 

11 The social partners have to date adopted ten such agreements: Four cross industry and six at sector level. 
12 Such as the prohibition of forced labour (Article 5), respect for private and family life (Article 7), freedom of 
association (Article 12), the freedom to choose an occupation and right to engage in work in any Member State 
(Article  15),  the  right  not  to  be  discriminated  on  only  ground  (Article  21),  the  equality  between  men  and 
women in all areas, including employment, work and pay (Article 23), the right to information and consultation 
within the undertaking (Article 27), the right of collective bargaining and action (Article 28), the right to a free 
placement service (Article 29), the right to protection in the event of unjustified dismissal (Article 30), the right 
to  fair  and  just  working  conditions,  to  maximum  working  hours,  breaks  and  holiday  (Article  31),  the 
prohibition of child labour and protection of young people at work (Article 32), and the entitlement to social 
security and assistance (Article 34). 

13 Already before the entry into force of the EU Charter, the CJEU attached considerable importance to it when 
interpreting EU law. See Case C-540/03, Parliament v Council, paragraphs 38 and 58; Case C-432/05, Unibet, 
paragraph  37;  Case  C-438/05,  International  Transport  Workers’  Federation  and  Finnish  Seamen’s  Union, 
paragraphs  90  and  91;  Case  C-275/06,  Promusicae,  paragraphs  61  to  65;  Joined  Cases  C-402/05  P  and 
C-415/05,  P  Al Barakaat International  Foundation  v  Council and  Commission,  paragraph  335;  Kücükdeveci 
and Joined Cases C-92/09 and C-93/09, Volker und Markus Schecke and Eifert, paragraph 45 et seq. See also 
Case T-177/01 Jégo-Quéré v Commission.  

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However, the EU Charter must be read in conjunction with the Treaties. The Charter does not establish 
any new power or task for the Union. Moreover, Article 52(2) requires that rights of the Charter for 
which provision is made in the Treaties shall be exercised under the conditions and within the limits 
defined by the Treaties  and the general principles of EU law. The freedom to choose an occupation 
and  right  to  engage  in  work  in  any  Member  State  (Article  15  of  the  Charter)  is  therefore  to  be 
exercised under the conditions and within the limits defined by article 45 TFEU as interpreted by the 
CJEU. Most importantly, in many areas where social rights feature in the EU Charter (e.g., housing, 
child well-being, social protection), there is little to no EU competence to enact secondary legislation.  

3. 

Social rights and principles in EU secondary law 

The  largest  part  of  the  EU  social  aquis  consists  of  secondary  legislation,  mostly  in  the  form  of 
directives.  Many  of  these  give  a  more  concrete  expression  or  implementation  of  social  rights  as 
derived  from  the  Treaties  and  in  the  EU  Charter.  Moreover,  EU  secondary  law  in  other  areas  also 
includes social clauses. 

3.1.  Work environment and access to work  

The  protection  of  workers  at  the  EU  level  is  currently  ensured  through  a  set  of  individual  and 
collective rights. The EU has adopted directives on the basis of Article 153 TFEU on social policy.14 
In those directives, the definition of worker is not uniform15 and most refer to national definitions.16 
For a few, where there is no definition or reference to national definitions, the one used under Article 
45 TFEU applies.17 This leaves a margin of appreciation to Member States and to their courts.18 

14 For example on worker's health and safety (Framework Directive 89/391/EEC and the 23 specific  Directives, 
see Part 3.1, Protection of health and safety, and footnote 36), and working conditions: Directive 91/533/EEC 
(Written Statement); Directive 94/33/EC (Young People at Work); Directive 2008/104/EC (Temporary Agency 
Work);  Directive  2008/94/EC  (protection  of  employees  in  the  event  of  the  insolvency  of  their  employer); 
Directive  1997/81/EC  (Part-time  work);  Directive  1999/70/EC  (Fixed-term  work);  2002/14/EC  (Information 
and  Consultation  Directive);  Directive  2003/88/EC  (Working  Time)  and  Directives  2000/78/EC  (non-
discrimination on the grounds of religion or belief, disability, age or sexual orientation) and 2000/43/EC (racial 
equality). 

15 See for example Directive 90/270/EEC (work with display screen equipment); Directive 92/85/EEC (Pregnant 
workers);  Directive  2010/32/EU  (sharp  injuries);  Directive  92/29/EEC  (medical  treatment  on  board  vessels) 
and the Framework Directive 89/391/EEC. 

16  All  working  conditions  directives  referred  to  in  footnote  3  except  Directive  98/59  (collective  redundancies) 

and Directive 2003/88/EC (working time). 

17 Directive 2000/78/EC (case C-432/14, "O"); Directive 2003/88 (case C-428/09, Isère); Directive 98/59 (case 

C-229/14, Ender Balkaya). 

18 The CJEU has brought some limitation to this discretion in order to ensure the effectiveness of EU law See for 

example Case C-393/10, O’Brien. 

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3.1.1.  Equal treatment in the workplace 

Several Directives aim to implement the principle of equal treatment between persons  irrespective of 
racial  or  ethnic  origin19  and  of  men  and  women.20  They  require  Member  States  to  set  up  National 
Equality Bodies to promote equal treatment and to assist victims of discrimination. The Employment 
Equality  Directive21  prohibits  discrimination  in  employment  on  the  basis  of  sexual  orientation, 
religious belief, age and disability, and the Racial Equality Directive22 prohibit discrimination on the 
basis of race and ethnicity in employment, in education, and in access to social security and goods and 
services.  In  2006,  the  Gender  Recast  Directive  consolidated  into  a  single  directive  earlier  EU 
legislation relating to equal opportunities and equal treatment for men and women in employment and 
occupation.23  

In  addition  to  the  antidiscrimination  directives,  EU  law  in  areas  of  transport,  telecommunication, 
consumer  protection,  state  aid  or  public  procurement  include  provisions  to  ensure  accessibility  for 
persons with disabilities. 

3.1.2.  Reconciling family and professional life 

The Pregnant Workers (Maternity Leave) Directive  provides for paid maternity leave, at least at the 
level  of  sick  pay  for  fourteen  weeks.24  In  addition,  the  Directive  on  self-employed  workers  and 
assisting  spouses  also  grants  a  maternity  allowance  that  is  sufficient  to  enable  an  interruption  of 
occupational activities for at least fourteen weeks for female self-employer workers or female spouses 
of self-employed workers.25 The revised Parental Leave Directive26 entitles men and women workers 
to a  minimum of four months' leave  after the birth or adoption of a child. Member States, or where 
implemented through collective agreements, social partners are granted discretion to decide whether or 
not  this  leave  is  paid,  and  whether  or  not  this  leave  can  be  taken  in  a  piecemeal  way  or  part-time. 
Parents who return from parental leave have the right to request but are not entitled to changes to their 
working hours and/or patterns for a certain period of time. It also provides that workers may request 
limited time off work for urgent family reasons (force majeure). 

3.1.3.  Awareness of conditions of employment 

The  worker  is  entitled  to  receive  essential  information  relating  to  the  employment  relationship  in 
writing, not later than two months after the commencement of employment on the basis of the Written 
Statement  Directive.27  These  elements  cover  the  description  of  the  work,  the  date  of  its 
commencement,  its  duration,  the  amount  of  paid  leave  and  the  working  time  with  additional 
information for expatriate employees. The Commission is currently undertaking an evaluation of the 
Directive. 

19 Directive 2000/43/EC. 
20Directive  2006/54/EC  (recast)  on  the  implementation  of  the  principle  of  equal  opportunities  and  equal 
treatment of men and women in matters of employment and occupation; Directive 2004/113/EC implementing 
the principle of equal treatment between men and women in the access to and supply of goods and services;  
Directive 97/7/EC on the progressive implementation of the principle of equal treatment for men and women in 
matters of social security. 

21 Directive 2000/78. 
22 Directive 2000/43. 
23 The recast Directive 2006/54/EC.  
24 Directive 92/85/EEC.  
25 Directive 2010/41/EU. 
26  Directive 2010/18/EU implementing the revised Framework Agreement on parental leave. 
27 Directive 91/533/EEC. 

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Awareness  of  rights  is  also  ensured  through  the  Directives  adopted  in  view  of  a  more  effective 
enforcement  of  existing  EU  rules  in  the  fields  of  posting  of  workers28  or  of  free  movement  of 
workers.29 They include obligations to ensure effective access to information on rights as established 
in the EU law and transposed into national law, via the use or setting up of dedicated tools or specific 
bodies  through  the  availability  of  effective  mechanisms  for  dispute  resolution,  or  similar  judicial  or 
administrative proceedings. 

3.1.4.  Equal treatment regardless of type of contract 

Three separate EU labour law Directives, concerning fixed-term work, part-time work and temporary 
agency work are aiming to provide equal treatment and prevent abuse of ‘atypical’ contracts.30 Where 
a worker is employed under such an atypical contract, he or she should generally not be treated in a 
less  favorable  manner  than  comparable  permanent  and/or  fulltime  staff  concerning  employment 
conditions  unless  there  are  objective  reasons  for  different  treatment.  Under  the  Temporary  Agency 
Work Directive for instance, from the first day of their assignment, temporary agency workers have to 
have the basic working and employment conditions that would apply if they were recruited directly by 
the user firm to occupy the same job. These conditions cover pay, as well as the duration of working 
time, overtime, breaks, rest periods, night work, holidays and public holidays. To allow flexibility for 
workers  and  employers,  they  allow  deviations  from  this  principle  in  specific  circumstances.  The 
Fixed-Term Work Directive also includes an 'anti-abuse' clause to impede unjustified successions of 
such  contracts.  An  additional  directive  extends  the  EU  rules  on  occupational  health  and  safety  to 
temporary  workers,  generally  more  exposed  to  the  risk  of  accidents  at  work  and  occupational 
diseases.31  

3.1.5.  Limitation of working time 
The  Working  Time  Directive32  provides  a  limit  to  weekly  working  time,  which  must  not  exceed  48 
hours  on  average,  including  overtime.  There  can  be  an  individual  opt-out  of  this  maximum  on  the 
basis of a written agreement between the worker and the employer, if the Member State has allowed 
the use of this derogation. This opt-out does not apply to the minimum rest provisions of the Directive, 
which  prescribe  a  minimum  daily  rest  period  of  11  consecutive  hours,  a  rest  break  during  working 
hours  if  the  worker  is  on  duty  for  longer  than  6  hours,  and  a  minimum  weekly  rest  period  of  24 
uninterrupted  hours  for  each  7-day period.  The  Directive  also  lays  down  the  right  to  minimum  paid 
annual leave of 4 weeks. The Working Time Directive allows flexibility to accommodate differences 
between national rules or the requirements of specific activities. There is substantial scope for flexible 
working  arrangements  through  collective  bargaining  (e.g.  yearly  accounting  of  working  time)  and 
derogations  are  also  available  to  address  circumstances  where  continuity  of  service  is  crucial  (e.g. 
hospitals).  In  addition  to  the  Working  Time  Directive,  specific  directives  apply  to  a  number  of 
transport sectors.33 

28 Directive 2014/67/EU. 
29 Directive 2014/54/EU. 
30 Fixed-Term Work Directive 1999/70/EC; Part-time Work Directive 97/81/EC; Temporary Agency Work 

Directive 2008/104/EC. 
31 Directive 91/383/EEC. 
32 Directive 2003/88/EC. 
33  Minimum  standards  for  working  time  in  the  civil  aviation  sector  are  laid  down  in  Directive  2000/79/EC. 
Directive 2005/47/EC implements the Social Partners agreement on certain aspects of the working conditions 
of mobile workers engaged in interoperable cross-border services in the railway sector. Directive 2002/15/EC 
in turn sets the framework for the organisation of working time for mobile workers in road transport activities 
and self-employed drivers. Regulation (EC) No 561/2006 provides for minimum requirements on the daily and 
weekly driving times, minimum breaks and daily and weekly rest periods for drivers engaged in the carriage of 
goods and passengers by road. These provisions reinforce the existing rules on the organisation of the working 

8 

 
 
                                                            
3.1.6.  Protection of health and safety 

EU rules in the social policy area guarantee workers’ right to occupational health and safety (OSH). A 
Framework  Directive  and  23  individual  directives  provide  rules  on  the  prevention  of  occupational 
risks, the protection of safety and health, the elimination of risk and accident factors.34 The Framework 
Directive establishes general principles for managing safety and health, such as responsibility of the 
employer,  rights/duties  of  workers,  using  risk  assessments  to  continuously  improve  company 
processes,  and  workplace  health  and  safety  representation.  All  individual  directives  follow  these 
common  principles,  tailoring  the  principles  of  the  Framework  Directive  to  specific  tasks,  specific 
hazards  at  work,  specific  workplaces  and  sectors,  and  specific  groups  of  workers.  The  individual 
directives define how to assess these risks and, in some instances, set limit exposure values for certain 
substances or agents.  

3.1.7.  Posted workers 

To ensure fair and just working conditions also in the context of the temporary provision of services 
across  borders,  the  Posting  of  Workers  Directive35  provides  that  a  host  State  is  required  to  apply  to 
workers  posted  to  its  territory  certain  basic  standards  of  its  own  labour  law  system  (e.g.  minimum 
wage, working time, holidays) as laid down in national legislation or universally applicable collective 
agreement. The Enforcement Directive allows host States more effective methods of enforcing labour 
standards in these situations.36 

3.1.8.  Third country nationals 

Legal migration of third-country nationals to the EU is partly regulated by EU Directives which set out 
the conditions of entry and residence and also minimum of rights that third-country nationals should 
enjoy,  in  particular  equal  treatment  with  nationals.  The  Long-term  Residence  Directive  created  a 
single status for non-EU long-term residents. A Directive on family reunification establishes the rules 
and conditions under which non-EU nationals who are residing lawfully on EU territory  may exercise 
the right to family reunification. The EU also harmonised national legislation concerning the entry of 
students  and  non-remunerated  trainees  and  researchers.To  attract  talent  and  high  skills  workers,  the 
European  Union  adopted  the  EU  Blue  Card  Directive  in  2009.  A  Directive  on  seasonal  work  sets 
important  labour  standards  for  third  country  nationals  engaging  in  seasonal  work  in  the  EU.37  The 
Directive  provides  the  principle  of  equal  treatment  between  third  country  nationals  and  Union 
nationals, particularly as regards the freedom of association and the right to strike, concerning terms of 
employment, working conditions and social security benefits.  

time and are strictly monitored by means of recording equipment. The working time of seafarers is regulated 
by Directive 1999/63/EC.  

34 Framework Directive 89/391/EEC and Directive 89/654/EEC on minimum safety and health requirements for 
the  workplace;  92/57/EEC  on  temporary  or  mobile  construction  sites;  92/91/EEC  on  the  mineral-extracting 
industries through drilling; 92/104/EEC on workers in surface and underground mineral extracting industries; 
93/103/EC  on  fishing  vessels;  92/29/EEC  on  improved  medical  treatment  on  board  vessels;  89/656/EEC  on 
personal  protective  equipment;  90/269/EEC  on  the  manual  handling  of  loads;  90/270/EEC  on  work  with 
display screen equipment; 92/58EEC on safety and/or health signs at work; 2009/104/EC on work equipment; 
92/85/EEC  on  pregnant  workers;  2013/35/EU  on  electromagnetic  fields;  1999/92/EC  on  explosive 
atmospheres;  2002/44/EC  on  mechanical  vibration;  2003/10/EC  on  noise;  2006/25/EC  on  artificial  optical 
radiation;  2000/54/EC  on  biological  agents  at  work;  2010/32/EU  on  sharp  injuries  in  the  hospital  and 
healthcare  sector;  98/24/EC  on  chemical  agents;  2004/37/EC  on  carcinogens  or  mutagens;  2009/148/EC  on 
asbestos. 

38 Directive 96/71/EC. 
39 Directive 2014/67/EU. 
37 Directive 2014/36. 

9 

 
 
 
                                                                                                                                                                                          
The Single Permit Directive establishes a single application procedure for a single permit to work in 
the EU and a common set of rights for third country workers legally residing in a Member State.38  A 
common set of rights for intra-corporate transferees when working in the EU,  facilitating their entry 
and mobility between Member States is provided by Directive on the conditions of entry and residence 
of third country nationals in the framework of intra-corporate transfers.39 

3.1.9.  Protection in the event of termination of employment 

Article  153  TFEU  provides  for  the  possibility  for  the  EU  to  support  Member  States  in  ensuring  the 
protection of workers where their employment contract is terminated, notably through the adoption by 
unanimity  voting  of  directives  laying  down  minimum  standards.  There  is  no  secondary  EU  law  to 
implement this right. Similarly, there are no EU rules regarding the length of probation periods.   

Three different directives are concerned with the potential termination of the employment contract in 
the  event  of  structural  changes  in  companies.  They  embody  the  basic  right  to  protection  against 
unjustified  dismissal,  but  only  in  ‘collective’  circumstances.  The  Insolvency  Directive  ensures 
payment of employees' outstanding claims in the event of the employer's insolvency.40 The Collective 
Redundancies  Directive  regulates  the  situation  of  workers  affected  by  decisions  of  employers  to  lay 
off a group of employees.41 The Transfer of Undertakings Directive42 protects employees’ rights in the 
event  that  an  undertaking,  business,  or  part  of  an  undertaking  or  business  is  transferred  from  one 
employer  to  another,  stipulating  inter  alia  that  such  a  transfer  does  not  in  itself  constitute  valid 
grounds for dismissal. The Directives on transfer of undertakings and collective redundancies provide 
for information and consultation rights. The Maternity Leave Directive43 prohibits women's dismissal 
from work because of maternity for the period from the beginning of their pregnancy to the end of the 
period  of  maternity  leave,  save  exceptional  circumstances,  for  which  the  employer  needs  to  give 
justification  in  writing.  The  Recast  Directive44  furthermore  sets  out  that  workers  taking  paternity  or 
adoption leave should be protected against dismissal due to exercising those rights. 

The Directive establishing a framework for equal treatment in employment45 protects workers against 
dismissal where there is discrimination on a prohibited ground, including victimisation.46 

3.1.10.  Organisation, information and consultation of workers 

The  promotion  of  social  dialogue  is  enshrined  as  a  common  objective  of  the  EU  and  the  Member 
States in Art 151 TFEU. The rights of association, collective bargaining, to strike or to impose lock-
outs are excluded from the application of this article. The role of the social partners is recognised at 
EU level, taking into account the diversity of national systems and their autonomy (Art 152 TFEU). 
Eight social partner agreements have been implemented either by EU law or by the social partners.47 

38 Directive 2011/98/EU. 
39 Directive 2014/66/EU. 
40 Directive 2008/94/EC. 
41 Directive 98/59/EC. 
42 Directive 2001/23/EC. 
43 Directive 92/85/EEC. 
44 Directive 2006/54/EC. 
45 Directive 2000/78/EC. 
46 Other EU anti-discrimination directives (such as Directive 2006/54/EC or Directive 2000/43/EC) also provide 

specific protection against unfair dismissal. 

47 Articles 153 and 154 TFEU. Examples of such cross-industry agreements are: Parental leave (revised) (2009), 
Fixed-term  contracts  (1999);  Part-time  work  (1997);  Parental  leave  (1996).  Autonomous  Framework 
agreements implemented by social partners: Inclusive labour markets (2010); Harassment and violence at work 
(2007); Work-related stress (2004); Telework (2002). 

10 

 
 
 
                                                            
The  General  Information  and  Consultation  Directive48  establishes  a  framework  for  informing  and 
consulting  employees  at  enterprise  level.  Information  and  consultation  are  required  on  the 
development  of  the  activities,  economic  situation  and  employment,  and  particularly  anticipatory 
measures  where  there  is  a  threat  of  restructuring,  and  likely  changes  in  work  organisation  or  in 
contractual relations.  

The  European  Works  Council  Directive49  provides  for  the  creation  of  a  Works  Council  (a  body 
representing the employees of a transnational company, to inform and consult them on the progress of 
the  business  and  any  decisions  significant  for  their  working  conditions)  at  the  request  of  100 
employees  of  at  least  two  undertakings  or  establishments  in  at  least  two  Member  States,  or  on  the 
initiative of the employer. The involvement of employees, including at board level, is also provided by 
company law directives.50 Finally, the Cross-Border Mergers Directive51 provides for detailed rules of 
employee participation in the event of mergers of limited liability companies. 

3.1.11.  The prohibition of child labour and protection of young people at work 
The  Young  People  at  Work  Directive52  requires  Member  States  to  take  the  necessary  measures  to 
prohibit work by children, particularly that the minimum working age is not lower than the minimum 
age  at  which  compulsory  full-time  schooling  ends,  or  15  years  in  any  event.  Exceptions  can  be 
adopted  by  Member  States  for  occasional  work  or  short-term  work,  involving  domestic  service  in  a 
private household or work regarded as not being harmful, damaging or dangerous to young people in a 
family  undertaking,  for  cultural,  artistic,  sporting  or  advertising  activities,  subject  to  prior 
authorisation by the competent authority in each specific case, for children of at least 14 years of age 
working  under  a  combined  work/training  scheme,  and  for  children  of  at  least  14  years  of  age 
performing light work. The Directive provides specific limits to maximum weekly working time, night 
work and minimum rest periods for children and adolescents when they engage in employment.53 

3.2. 

Social protection 

The EU acquis in the area of social protection is rather limited. Though the EU may adopt legislation 
in  the  area  of  'security  and  social  protection  of  workers'  (Article  153(1)(c)),  it  does  not  have  the 
competence  to  adopt  legislation  for  'the  combatting  of  social  exclusion'  (Article  153(j))  or  for  'the 
modernisation of social protection systems' (Article 153 (k)). 

48 Directive 2002/14/EC. 
49 Directive 2009/38/EC. 
50  Firstly,  Directive  2001/86/EC  supplementing  the  Statute  for  a  European  company  with  regard  to  the 
involvement  of  employees  provides  that  the  establishment  of  a  European  company  will  not  mean  the 
disappearance  or  watering  down  of  existing  employee  involvement  arrangements,  calling  for  agreement 
between  the  employer  and  the  representatives  of  employees  and  providing  subsidiary  rules  applicable  in  the 
absence  of  agreement.  Secondly,  Directive  2003/72/EC  on  the  information,  consultation  and  participation 
rights  of  employees  in  a  European  Cooperative  Society  provides  that  information,  consultation  and  in  some 
cases,  participation  procedures  at  transnational  level  are  to  be  used  whenever  a  European  Cooperative  is 
created. 

51 Directive 2005/56/EC. 
52 Directive 94/33/EC. 
53 See also Commission Recommendation of 31 January 1967 to the Member States on the protection of young 
workers  and  the  Commission  Recommendation  of  15  September  2000  on  the  ratification  of  International 
Labour  Organisation  (ILO)  Convention  No  182  of  17  June  1999  concerning  the  prohibition  and  immediate 
action for the elimination of the worst forms of child labour. 

11 

 
 
 
 
 
                                                            
3.2.1.  Social security coordination 

The  rules  on  social  security  coordination  apply  to  national  legislation  on  sickness,  maternity  and 
equivalent  paternity  benefits,  old-age  pensions,  pre-retirement  and  invalidity  benefits,  survivors’ 
benefits and death grants, unemployment benefits, family benefits, benefits in respect of accidents at 
work and occupational diseases.54 The Directive on patients' rights in cross-border healthcare clarifies 
citizens'  rights  to  receive  healthcare  services  in  another  EU  Member  State;  guarantees  the  safety, 
quality and efficiency of care that they will receive there; and promotes cooperation between Member 
States on healthcare matters.55 

3.2.2.  Equal treatment in social security and social integration 

The equal treatment for women and men in matters of social security is ensured by the Directive on 
the  protection  against  discrimination  in  the  scope,  contributions  and  benefits  of  social  security 
schemes.56 The Gender Recast Directive moreover ensures respect for the principle of equal treatment 
for  men  and  women  in  occupational  social  security  schemes.  The  Racial  Equality  Directive  gives 
protection against discrimination based on race or ethnic origin in social protection (including social 
security and healthcare) as well as access to goods and services, including housing.57 

Finally,  some  legislation  exists  in  order  to  promote  access  to  necessary  goods  and  services  for 
ensuring  adequate  livelihoods.  The  Directive  on  Payment  Accounts  seeks  to  improve  access  to  low 
income  individuals  for  basic  bank  accounts.58  The  European  Commission's  recent  proposal  for  a 
European Accessibility Act,59 currently under discussion between co-legislators, also seeks to ensure 
that  people  with  disabilities  can  access  products,  transportation,  information  and  communications 
technologies, and other facilities/services that are necessary for their full inclusion in society. 

4. 

Soft law 

In  addition  to  the  legally  binding  instruments,  the  EU  has  adopted  ‘soft  law’  measures.  As  they  are 
‘soft  law’,  they  do  not  confer  social  rights  in  the  strict  sense.  Nevertheless,  they  provide  a  policy 
framework for such rights. 

4.1. 

Policy coordination 

The  EU  has  competences  to  coordinate  the  employment  policies  of  the  Member  States.  
This  coordination  was  formalised  in  the  context  of  the  Europe  2020  strategy  and  is  implemented 
annually  through  the  European  Semester.To  meet  the  Europe  2020  objectives,  five  headline  targets 
have been agreed for the whole EU to achieve by the end of 2020. These include achieving an overall 
employment rate of 75% for 20-64 year-old women and men as well as reducing by at least 20 million 
the number of people in or at risk of poverty and social exclusion.  

54  See  most  notably  Regulation  (EC)  883/2004  on  the  coordination  of  social  security  systems,  which  was  
adopted on the basis of Article 42 EC (now Article 48 TFEU) and Article 308 EC (now Article 352 TFEU) 
and its implementing Regulation (EC) 987/2009. 

55 Directive 2011/24/EU. 
56 Directive 79/7/EC. 
57 Directive 2000/43/EC. 
58 Directive 2014/92/EU on the comparability of fees related to payment accounts, payment account switching 

and access to payment accounts with basic features. 

59  Proposal  for  a  Directive  on  the  approximation  of  the  laws,  regulations  and  administrative  provisions  of  the 

Member States as regards the accessibility requirements for products and services (COM(2015) 615 final). 

12 

 
 
 
 
                                                            
On education, a twofold headline target is set on reducing the rates of early school leaving below 10% 
and  ensuring  at  least  40%  of  tertiary  graduates.    To  measure  progress,  each  EU  headline  target  is 
declined into national targets. 

The  Employment  Guidelines  include  common  priorities  and  targets  for  employment  and  social 
policies.  The  current  guidelines  reflect  the  new  approach  to  economic  policy-making  built  on 
investment,  structural  reform  and  fiscal  responsibility.60  They  aim  to  boost  demand  for  labour, 
covering  job  creation,  labour  taxation  and  wage-setting  and  to  enhance  labour  and  skills  supply,  by 
reinforcing  education  and  training  systems,  and  by tackling  youth  and  long-term  unemployment.  To 
improve the functioning of labour markets, they call for reducing labour market segmentation and the 
development of active measures and mobility. They also aim to increase fairness, combating poverty 
and promoting equal opportunities. 

The European Semester includes a stronger emphasis on employment and social performance, under 
more focused Country-Specific Recommendations.61 In recent years, the European Semester has been 
taking better account of employment and social objectives by upgrading the employment indicators in 
the  Macroeconomic  Imbalances  Procedure  and  by  seeking  to  strengthen  the  involvement  of  social 
partners at both EU and national level in the process. 

The  European  Semester  also  aims  to  better  integrate  national  and  euro  area  dimensions.  
A  recommendation  for  the  economic  policy  of  the  euro  area  was  issued  for  the  first  time  in  2015 
together with the Annual Growth Survey 2016 in order to better coordinate Member States' reforms, 
individually and collectively, to address imbalances and promote upwards convergence.62 

In  the  area  of  social  policies,  the  Open  Method  of  Coordination  (OMC)  supports  the  definition, 
implementation  and  evaluation  of  social  policies  based  on  common  objectives  and  indicators.  The 
method  supplements  the  legislative  and  financial  instruments  of  social  policy.  It  applies  to  the 
eradication of poverty and social exclusion; to adequate and sustainable pension systems; and to the 
provision of accessible, high-quality and sustainable health care and long-term care.63 

The  Education  and  Training  2020  strategic  framework  for  European  cooperation  in  education  and 
training  covers  the  following  four  objectives:  making  lifelong  learning  and  mobility  a  reality; 
improving the quality and efficiency of education and training; promoting equity, social cohesion and 
active  citizenship;  enhancing  creativity  and  innovation,  including  entrepreneurship,  at  all  levels  of 
education  and  training.64  Cooperation  between  Member  States  is  supported  through  a  set  of 
benchmarks and through mutual learning processes. 

60  Council  Decision  (EU)  2015/1848  of  5  October  2015  on  guidelines  for  the  employment  policies  of  the 

Member States for 2015. 

61 Communication on steps towards completing Economic and Monetary Union COM (2015) 600 final. 
62 Recommendation for a Council Recommendation on the economic policy of the euro area, COM(2015) 692 

final. 

63 A renewed commitment to social Europe: Reinforcing the Open Method of Coordination for Social Protection 

and Social Inclusion COM(2008) 418 final. 

64 2015 Joint Report of the Council and the Commission on the implementation of the strategic framework for 
European  cooperation  in  education  and  training  (ET  2020)  New  priorities  for  European  cooperation  in 
education and training. 

13 

 
 
 
 
                                                            
4.2. 

EU funding  

Article  174  TFEU  provides  inter  alia  that,  in  order  to  strengthen  its  economic,  social  and  territorial 
cohesion, the Union is to aim at reducing disparities between the levels of development of the various 
regions.  On  that  basis,  European  Structural  and  Investment  Funds  (ESIF)  are  the  main  source  of 
investment  at  EU  level  to  help  Member  States  to  restore  and  increase  growth  and  ensure  a  job  rich 
recovery  while  ensuring  sustainable  development,  in  line  with  the  Europe  2020  objectives.65  In  this 
context,  the  European  Social  Fund  (ESF)  helps  people  get  the  right  skills  for  the  right  job,  by 
improving the quality of and access to education and training from early childhood to later life. The 
European  Regional  Development  Fund  (ERDF)  provides  support  to  both  infrastructure  and  direct 
creation  of  job-rich  activities,  by  supporting  housing,  childcare  infrastructure,  healthcare  facilities, 
education and training infrastructure, employment creation and entrepreneurship measures and urban 
regeneration. The European Agricultural Fund for Rural Development (EAFRD) supports training and 
advice  for  farmers  and  other  rural  SMEs  wishing  to  grow  their  businesses.  The  European  Maritime 
and  Fisheries  Fund  (EMFF)  promotes  social  cohesion  and  job  creation  in  fisheries-dependent 
communities, through diversification into other maritime sectors and training in fishing communities, 
including fishers, fish farmers and their relatives. 

4.3. 

Recommendations 

EU  soft  law  on  social  matters  may  also  take  the  form  of  policy  coordination,  exchanges  of  good 
practice, benchmarking, frameworks of action and codes of conduct, aimed at shaping consensus and 
creating incentives for national or company-level action.  

In  accordance  with  Article  288  TFEU,  recommendations  do  not  have  binding  force.  In  addition, 
Council recommendations in the field of social policy  are also limited in scope by Article 153 TFEU. 
Nevertheless,  they  can  be  important  tools  for  agenda  setting,  can  be  used  by  the  CJEU  in  its 
interpretation of EU law,66 and can be used in the context of cooperative mechanisms.  

4.3.1.  Work environment and access to work  

Under the Youth Guarantee, Member States should ensure that, within four months of leaving school 
or  losing  a  job,  young  people  under  25  can  either  find  a  good-quality  job  suited  to  their  education, 
skills  and  experience;  or  acquire  the  education,  skills  and  experience  required  to  find  a  job  in  the 
future through an apprenticeship, traineeship or continued education.67 The Youth Guarantee requires 
early intervention and activation, as well as reforms of training, job-search and education systems to 
improve the transition from school to work and the employability of young people. 

The Quality Framework for Traineeships proposes guidelines enabling trainees to acquire high-quality 
work experience based on a written traineeship agreement, with learning and training objectives, under 
safe and fair conditions, thus increasing their chances of finding a good quality job.68 

65  See  the  Common  Provisions  Regulation  (EU)  No  1303/2013;  European  Regional  Development  Fund 
Regulation  (EU)  1301/2013;  European  Social  Fund  Regulation  (EU)  No 1304/2013;  Cohesion  Fund 
Regulation  (EU)  1300/2013;  Regulation  on  the  European  Agricultural  Fund  for  Rural  Development  (EU) 
1305/2013; Regulation on the European Maritime and Fisheries Fund (EU)  508/2014. 

66 Case C-322/88, Grimaldi. 
67 Council Recommendation of 22 April 2013 on establishing a Youth Guarantee. 
68 Council recommendation of 10 March 2014 on a Quality Framework for Traineeships. 

14 

 
 
 
 
 
 
                                                            
The  Council  Recommendation  on  the  integration  of  the  long-term  unemployed  in  the  labour  market 
offers  guidance  on  encouraging  the  registration  of  long-term  unemployed,  on  enhancing  and 
simplifying  support  by  an  individual  in-depth  assessments  and  offering  a  job  integration  agreement 
identifying  a  single  point  of  contact  to  all  registered  long-term  unemployed  at  the  very  latest  at  18 
months.69 

The Council  Recommendation  on the promotion  of employee ownership and participation  promoted 
the use of financial participation schemes, with the direct involvement of the social partners.70 

In 2008, the Commission issued  a recommendation on the active inclusion  of people excluded from 
the labour market. The recommendation covers policy guidance on providing adequate income support 
together with help to get a job, on inclusive labour markets and on access to quality services helping 
people participate actively in society, including getting back to work.71 

The Commission has issued recommendations or opinions on topics such as the protection of young 
workers (1967),72 an equitable wage (1993)73 and the ratification of ILO Conventions on home work 
(1998),74 seafarers’ working hours (1999)75 and child labour (2000).76  

4.3.2.  Social protection 

The  1992  Council  Recommendation  on  common  criteria  concerning  sufficient  resources  and  social 
assistance in social protection systems77 sets out that persons residing in the EU should have access to 
sufficient  resources  and  assistance  to  live  in  a  manner  compatible  with  human  dignity.  The 
Recommendation  defines  the  common  principles  for  implementing  this  principle  in  all  the  Member 
States in order to progressively cover all instances of exclusion.  

The 1992 Council Recommendation on the convergence of social protection objectives and policies78 
recommends  guaranteeing  a  level  of  resources  in  keeping  with  human  dignity,  access  to  all  legal 
residents  to  protection  of  human  health  and  support  for  social  integration  and  integration  into  the 
labour  market.  It  also  calls  for  a  wide  coverage  of  a  replacement  or  benefits  and  for  strengthening 
appropriate social protection for self-employed persons.  

69 Council Recommendation of 15 February 2016 on the integration of the long-term unemployed in the labour 

market. 

70 Council Recommendation 92/443/EEC of 27 July 1992 concerning the promotion of employee participation in 

profits and enterprise results, including equity participation. 

71  Commission  Recommendation  2008/867/EC  of  3  October  2008  on  the  active  inclusion  of  people  excluded 

from the labour market. 

72  67/125/EEC:  Commission  Recommendation  of  31  January  1967  to  the  Member  States  on  the  protection  of 

young workers. 

73 Commission opinion on an equitable wage COM (93) 388 final. 
74 98/370/EC: Commission Recommendation of 27 May 1998 on the ratification of ILO Convention No 177 on 

home work of 20 June 1996. 

75  1999/130/EC:  Commission  Recommendation  of  18  November  1998  on  ratification  of  International  Labour 
Organisation  (ILO)  Convention  180  concerning  seafarers'  hours  of  work  and  the  manning  of  ships,  and 
ratification of the 1996 Protocol to the 1976 Merchant Shipping (minimum standards) Convention. 

76 2000/581/EC: Commission Recommendation of 15 September 2000 on the ratification of International Labour 
Organisation (ILO) Convention No 182 of 17 June 1999 concerning the prohibition and immediate action for 
the elimination of the worst forms of child labour. 

77 92/441/EEC Council Recommendation of 24 June 1992 on common criteria concerning sufficient resources 

and social assistance in social protection systems. 

78 92/442/EEC: Council Recommendation of 27 July 1992 on the convergence of social protection objectives and 

policies. 

15 

 
 
 
 
 
 
                                                            
Work-life balance measures were promoted through the 1992 Council Recommendation on child care 
focusing  on  childcare  for  parents  who  are  working  or  who  are  following  education/training;  special 
leave  for  parents  and  improving  the  environment,  structure  and  organization  of  work  for  working 
parents  with  children.79  The  2013  Commission  Recommendation  on  investing  in  children  also 
provided  a  set  of  recommendations  to  improve  child  outcomes  and  reduce  the  intergenerational 
transmission of disadvantage, including by stepping up affordable, quality early childhood education 
and care services.80 The Council Recommendation on effective Roma integration measures promotes 
effective policy measures in the areas of access to education, employment, healthcare and housing.81 

4.3.3.  Education and training 

The Recommendation on key competences for lifelong learning aims to equip young people with key 
competences  for  further  learning  and  working  throughout their  lives.82  In 2011 Member  States  were 
asked to implement comprehensive policies to tackle early school leaving, encompassing prevention, 
intervention and compensation measures.83 

The  European  Qualifications  Framework  relates  national  qualifications  systems  through  common 
European reference levels for knowledge, skills and competences.84The European Quality Assurance 
Reference Framework for Vocational Education and Training provides common European references 
to develop, improve, guide and assess the quality of vocational education and training.85 The European 
Credit System for Vocational Education and Training (ECVET) allows validation and recognition of 
work-related  skills  and  knowledge  acquired  in  different  systems  and  countries.86  The  proposal  for  a 
Council  Recommendation  on  the  validation  of  non-formal  and  informal  learning  aims  to  establish 
arrangements  for  the  identification,  documentation,  assessment  and  certification  of  learning 
outcomes.87 

4.1.4. Health   

The  Council  Recommendation  on  smoke  free  environment88  recommends  Member  States  to  provide 
effective  protection  from  exposure  to  tobacco  smoke  in  indoor  workplaces,  indoor  public  places, 
public transport and other public places. 

The Council Recommendation on prevention of injury and the promotion of safety89 promotes better 
use of existing data and the development, where appropriate, of representative injury surveillance and 
reporting instruments to obtain comparable information, monitor the evolution of injury risks and the 
effects of prevention measures over time. 

79 92/241/EEC: Council Recommendation of 31 March 1992 on child care. 
80 Commission Recommendation Investing in children: breaking the cycle of disadvantage, C(2013) 778. 
81 Council recommendation of 9 December 2013 on effective Roma integration measures in the Member States. 
82 Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences 

for lifelong learning (2006/962/EC). 

83 Council Recommendation on policies to reduce early school leaving (2011/C191/01). 
84 Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the 

European Qualifications Framework for lifelong-learning. 

85 Recommendation 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. 

86 Recommendation of the European Parliament and of the Council of 18 June 2009 on the establishment of a 

European Credit System for Vocational Education and Training (ECVET). 

87 COM/2012/0485 final. 
88 Council Recommendation on smoke free environment, 2009/C 296/02. 
89 Council recommendation on prevention of injury and the promotion of safety, 2007/C 164/01. 

16 

 
 
 
 
                                                            
5. 

Social rights and principles as laid down in international law 

The EU Charter, the European Social Charter and the European Code of Social Security of the Council 
of Europe, as well as those defined by the International Labour Organisation (ILO), can be a source of 
inspiration for both the EU legislator and the CJEU. 

The  EU  is  not  party  to  most  of  the  international  conventions  that  requires  membership  of  the 
organisations where they are enacted. However there are exceptions and new developments. The UN 
Convention  on  the  Right  of  Persons  with  Disabilities  (CRPD)  was  ratified  by  the  EU  in  December 
2010. The CRPD is an integral part of EU law and takes precedence over secondary EU legislation. 

A number of ILO conventions are ratified by all 28 EU Member States (core labour standards, labour 
inspection)  or  by  the  large  majority  of  them  (social  security  conventions,  human  resources 
development). All EU Member States have ratified the eight fundamental ILO conventions and most 
of  the  priority  conventions  covering  labour  market  governance  (employment  policy,  tripartite 
consultations,  labour  inspection).  These  instruments  cover  all  possible  enterprises,  institutions  and 
activities (formal and informal economy) with very limited exceptions and cover all workers without 
distinction.  For other conventions on for example skills, working conditions, employment protection 
legislation,  minimum  wages  fixing,  social  security  and  OSH,  the  ratifications  vary  according  to 
subject. 

The  second  important  international  source  of  social  rights  and  principles  is  the  Council  of  Europe, 
with in particular its EU Charter of 1961 and the Revised Social Charter of 1996. All Member States 
have ratified either the 1961 or the 1996 Social Charters.90 The importance of the Social Charters is 
acknowledged in the EU legal order in Article 151 TFEU, which provides that the EU and Member 
States  should  have  as  their  objectives  the  promotion  of  employment,  improved  living  and  working 
conditions,  so  as  to  make  possible  their  harmonisation,  proper  social  protection,  dialogue  between 
management and labour, the development of human resources with a view to lasting high employment 
and the combating of exclusion, “having in mind fundamental social rights such as those set out in the 
European  Social  Charter  signed  at  Turin  on  18  October  1961”.  It  reflects  the  common  views  and 
traditions of the Member States and can be considered a declaration of the fundamental principles held 
dear by the EU and its Member States.91 

The ratification by EU Member States of ILO conventions, classified as up to date by ILO,  and the 
acceptance of the different articles of the (Revised) European Social Charter, in particular on working 
conditions, income and employment relationships, is uneven. Many EU Member States have used the 
possibility  to  opt  out  to  some  of  the  provisions  such  as  on  minimum  wages,  working  time  or  social 
inclusion and protection. 

EU  law  is  enforceable  and  more  detailed  than  international  standards,  and  can  be  made  effective 
through  a  strong  legal  framework  ensuring  fair  remedies  for  both  citizens  and  businesses.92 
International  standards  remain  an  important  reference,  as  they  can  express  common  views  on 
minimum labour and social protection. 

90 http://www.coe.int/t/dghl/monitoring/socialcharter/Presentation/Overview_en.asp.  
91 See Opinion of Advocate General Trstenjak in Case C‑282/10, Maribel Dominguez, paragraph 104. 
92ILO standards and the European Social Charter cover a wider range of aspects, including minimum wages, the 
right to skills and human resources development, protection against individual dismissals, minimum standards 
for  social  security  and  unemployment  benefits,  as  well  as  governance  aspects  such  as  labour  inspection, 
collective bargaining and tripartite consultations. 

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