Proposal for a Interinstitutional Proclamation on the European Pillar of Social Rights
Date: 2017-04-26
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: EU employment policy, European social policy, economic policy, euro area, labour market, social dialogue (EU), social integration, social rights, social security, working conditions

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   EUROPEAN COMMISSION  Brussels, 26.4.2017  COM(2017) 251 final   Proposal for a Interinstitutional Proclamation on the European Pillar of Social Rights    
 
 
The  European  Parliament,  the  Council  and  the  Commission  solemnly  proclaim  the 
following text as the European Pillar of Social Rights.  

EUROPEAN PILLAR OF SOCIAL RIGHTS 

Preamble 

Pursuant to Article 3 of the Treaty on European Union, the aims of the Union are inter 
alia  to  promote  the  well-being  of  its  peoples  and  to  work  for  the  sustainable 
development of Europe based on a highly competitive social market economy, aiming 
at full employment and social progress. The Union 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. 

Pursuant  to  Article  9  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 
Union, in defining and implementing its policies and activities, shall take into account 
requirements linked to the promotion of a high level of employment, the guarantee of 
adequate  social  protection,  the  fight  against  social  exclusion  and  a  high  level  of 
education, training and protection of human health. 

Article 151 of the Treaty on the Functioning of the European Union provides that the 
Union and the Member States, having in mind fundamental social rights such as those 
set out in the European Social Charter signed at Turin on 18 October 1961 and in the 
1989 Community Charter of the Fundamental Social Rights of Workers, shall have as 
their  objectives  the  promotion  of  employment,  improved  living  and  working 
conditions, so as to make possible their harmonisation while the improvement is being 
maintained,  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.  

Article 152 of the Treaty on the Functioning of the European Union provides that the 
Union recognises and promotes the role of the social partners at its level, taking into 
account the diversity of the national systems. It shall facilitate dialogue between them 
and respect their autonomy.  

The  Charter  of  Fundamental  Rights  of  the  European  Union,  first  proclaimed  at  the 
Nice  European  Council  on  7  December  2000,  safeguards  and  promotes  a  number  of 
fundamental  principles  that  are  essential  for  the  European  social  model.  The 
provisions of this Charter are addressed to the institutions, bodies, offices and agencies 
of the Union with due regard for the principle of subsidiarity and to the Member States 
only when they are implementing Union law.  

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The Treaty on the Functioning of the European Union contains provisions laying down 
the  powers  of  the  Union  relating  inter  alia  to  the  freedom  of  movement  of  workers 
(Articles  45  to  48),  the  right  of  establishment  (Articles  49  to  55),  social  policy 
(Articles  151  to  161),  the  promotion  of  dialogue  between  management  and  labour 
(Article  154),  including  agreements  concluded  and  implemented  at  Union  level 
(Article  155),  equal  pay  for  men  and  women  for  equal  work  (Article  157),  the 
contribution to the development of quality education and vocational training (Articles 
165 and 166), Union action complementing national policies and fostering cooperation 
in the field of health (Article 168), economic, social and territorial cohesion (Articles 
174 to 178), the formulation, and the surveillance of the implementation, of the broad 
guidelines  of  the  economic  policies  (Article  121),  the  formulation,  and  the 
examination  of  the  implementation  of  the  employment  guidelines  (Article  148)  and 
more generally, the approximation of legislation (Articles 114 to 117). 

The  European  Parliament  called  for  a  solid  European  Pillar  of  Social  Rights  to 
reinforce social rights and deliver a positive impact on people's lives in the short and 
medium term and enable support for European construction in the 21st century.1 The 
European Council stressed that economic and social insecurity needs to be addressed 
as  a  matter  of  priority  and  called  for  the  creation  of  a  promising  future  for  all, 
safeguards  for  our  way  of  life  and  the  provision  of  better  opportunities  for  youth.  2  
The 
the  European  Council, 
the European Parliament and the European Commission made a commitment to work 
towards  a  social  Europe  in  the  Rome  agenda.  That  commitment  is  based  on  the 
principles of sustainable growth and the promotion of economic and  social progress, 
as  well  as  cohesion  and  convergence,  while  upholding  the  integrity  of  the  internal 
market.3 The social partners have committed to continue contributing to a Europe that 
delivers for its workers and enterprises.4 

leaders  of  27  Member  States 

and  of 

The  completion  of  the  European  single  market  in  the  last  decades  has  been 
accompanied  by  the  development  of  a  solid  social  acquis  which  has  resulted  in 
progress  in  the  freedom  of  movement,  living  and  working  conditions,  equality 
between women and  men, health and safety at work, social protection and education 
and  training.  The  introduction  of  the  euro  has  provided  the  Union  with  a  stable 
common  currency  shared  by  340  million  citizens  in  nineteen  Member  States, 
facilitating  their  daily  lives  and  protecting  them  against  financial  instability.  The 
Union  has  also  enlarged  significantly,  increasing  economic  opportunities  and 
promoting social progress across the continent.    

Labour  markets  and  societies  are  evolving  quickly,  with  new  opportunities  and  new 
challenges  arising  from  globalisation,  the  digital  revolution,  changing  work  patterns 
and  societal  and  demographic  developments.  Challenges,  such  as  significant 
inequality,  long-term  and  youth  unemployment  or  intergenerational  solidarity,  are 
often similar across Member States although in varying degrees.  

1 European Parliament resolution of 19 January 2017 on a European Pillar of Social Rights (2016/2095(INI)). 
2 The Bratislava Declaration of 16 September 2016. 
3 The Rome Declaration of 25 March 2017. 
4 Joint statement of the social partners of 24 March 2017. 

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Europe has shown its resolve to overcome the financial and economic crisis, and as a 
result of determined action, the Union economy is now more stable, with employment 
levels  at  an  unprecedented  high  and  a  steady  fall  in  unemployment.  However,  the 
social consequences of the crisis have been far-reaching – from youth and long-term 
unemployment to the risk of poverty – and addressing those consequences remains an 
urgent priority.  

To a large extent, the employment and social challenges facing Europe are a result of 
relatively  modest  growth,  which  is  rooted  in  untapped  potential  in  terms  of 
participation  in  employment  and  productivity.  Economic  and  social  progress  are 
intertwined,  and  the  establishment  of  a  European    Pillar  of  Social  Rights  should  be 
part  of  wider  efforts  to  build  a  more  inclusive  and  sustainable  growth  model  by 
improving Europe's competitiveness and making it a better place to invest, create jobs 
and foster social cohesion. 

The aim of the European Pillar of Social Rights is to serve as a guide towards efficient 
employment  and  social  outcomes  when  responding  to  current  and  future  challenges 
which  are  directly  aimed  at  fulfilling  people's  essential  needs,  and  ensuring  better 
enactment and implementation of social rights. 

A  stronger  focus  on  employment  and  social  performance  is  particularly  important  to 
increase resilience and deepen the Economic and Monetary Union. For this reason, the 
European  Pillar  of  Social  Rights  is  primarily  conceived  for  the  euro  area  but  it  is 
applicable to all Member States that wish to be part of it. 

The European Pillar of Social Rights expresses principles and rights essential for fair 
and  well-functioning  labour  markets  and  welfare  systems  in  21st  century  Europe.    It 
reaffirms some of the rights already present in the Union acquis. It adds new principles 
which  address  the  challenges  arising  from  societal,  technological  and  economic 
developments.  

The  principles  enshrined  in  the  European  Pillar  of  Social  Rights  concern  Union 
citizens  and  third  country  nationals  with  legal  residence.  Where  a  principle  refers  to 
workers, it concerns all persons in employment, regardless of their employment status, 
modality and duration. 

The European Pillar of Social Rights shall not prevent Member States or their social 
partners  from  establishing  more  ambitious  social  standards.  In  particular,  nothing  in 
the  European  Pillar  of  Social  Rights  shall  be  interpreted  as  restricting  or  adversely 
affecting rights and principles as recognised, in their respective fields of application, 
by Union law or international law and by international agreements to which the Union 
or  all  the Member States  are party, including  the .European Social  Charter signed at 
Turin on 18 October 1961 and the relevant Conventions and Recommendations of the 
International Labour Organisation. 

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Delivering  on  the  European  Pillar  of  Social  Rights  is  a  shared  commitment  and 
responsibility  between  the  Union,  its  Member  States  and  the  social  partners.  The 
principles  and  rights  set  by  the  European  Pillar  of  Social  Rights  should  be 
implemented  at  both  Union  level  and  Member  State  level  within  their  respective 
competences and in accordance with the principle of subsidiarity. 

At Union level, the European Pillar of Social Rights does not entail an extension of the 
Union's powers as defined by the Treaties. It should be implemented within the limits 
of those powers. 

At Member State level, the Pillar respects the diversity of the cultures and traditions of 
the peoples of Europe, as well as the national identities of the Member States and the 
organisation  of  their  public  authorities  at  national,  regional  and  local  levels.  In 
particular, the establishment of the Pillar does not affect the right of Member States to 
define the fundamental principles of their social security systems and should not affect 
the financial equilibrium thereof. 

Social  dialogue  plays  a  central  role  in  reinforcing  social  rights  and  enhancing 
sustainable  and  inclusive  growth.  Social  partners  at  all  levels  have  a  crucial  role  to 
play in pursuing and implementing the European Pillar of Social Rights, in accordance 
with their autonomy and the right to collective action. 

European Pillar of Social Rights 

Chapter I: Equal opportunities and access to the labour market 

1. Education, training and life-long learning  

Everyone  has  the  right  to  quality  and  inclusive  education,  training  and  life-long 
learning in order to maintain and acquire skills that enable them to participate fully in 
society and manage successfully transitions in the labour market.  

2. Gender equality  

a. Equality of treatment and opportunities between women and men must be ensured 
and fostered in all areas, including regarding participation in the labour market, terms 
and conditions of employment and career progression.  

b. Women and men have the right to equal pay for work of equal value. 

3. Equal opportunities 

Regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual 
orientation,  everyone  has  the  right  to  equal  treatment  and  opportunities  regarding 

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employment, social protection, education, and access to goods and services available 
to the public. Equal opportunities of under-represented groups shall be  fostered. 

4. Active support to employment  

a. Everyone has the right to timely and tailor-made assistance to improve employment 
or self-employment prospects. This includes the right to receive support for job search, 
training  and  re-qualification.  Everyone  has  the  right  to  transfer  social  protection  and 
training entitlements during professional transitions. 

b. Young people have the right to continued education, apprenticeship, traineeship or a 
job  offer  of  good  standing  within  4  months  of  becoming  unemployed  or  leaving 
education.  

c.  People  unemployed  have  the  right  to  personalised,  continuous  and  consistent 
support.  The  long-term  unemployed  have  the  right  to  an  in-depth  individual 
assessment at the latest at 18 months of unemployment. 

Chapter II: Fair working conditions 

5. Secure and adaptable employment  

a. Regardless of the type and duration of the employment relationship, workers have 
the  right  to  fair  and  equal  treatment  regarding  working  conditions,  access  to  social 
protection and training. The transition towards open-ended forms of employment shall 
be fostered.  

b.  In  accordance  with  legislation  and  collective  agreements,  the  necessary  flexibility 
for employers to adapt swiftly to changes in the economic context shall be ensured.  

c. Innovative forms of work that ensure quality working conditions shall be fostered. 
Entrepreneurship  and  self-employment  shall  be  encouraged.  Occupational  mobility 
shall be facilitated. 

d.  Employment  relationships  that  lead  to  precarious  working  conditions  shall  be 
prevented, including by prohibiting abuse of atypical contracts. Any probation period 
should be of reasonable duration. 

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6. Wages  

a. Workers have the right to fair wages that provide for a decent standard of living.  

b.  Adequate  minimum  wages  shall  be  ensured,  in  a  way  that  provide  for  the 
satisfaction  of  the  needs  of  the  worker  and  his  /  her  family  in  the  light  of  national 
economic  and  social  conditions,  whilst  safeguarding  access  to  employment  and 
incentives to seek work. In-work poverty shall be prevented.   

c.  All  wages  shall  be  set  in  a  transparent  and  predictable  way  according  to  national 
practices and respecting the autonomy of the social partners.  

7. Information about employment conditions and protection in case of dismissals 

a. Workers have the right to be informed in writing at the start of employment about 
their rights and obligations resulting from the employment relationship, including on 
probation period.   

b. Prior to any dismissal, workers have the right to be informed of the reasons and be 
granted a reasonable period of notice.  They have the right to  access  to effective and 
impartial  dispute  resolution  and,  in  case  of  unjustified  dismissal,  a  right  to  redress, 
including adequate compensation. 

8. Social dialogue and involvement of workers  

a.  The  social  partners  shall  be  consulted  on  the  design  and  implementation  of 
economic, employment and social policies according to national practices. They shall 
be encouraged to negotiate and conclude collective agreements in matters relevant to 
them,  while  respecting  their  autonomy  and  the  right  to  collective  action.  Where 
appropriate,  agreements  concluded between the  social  partners  shall  be implemented 
at the level of the Union and its Member States. 

b. Workers or their representatives have the right to be informed and consulted in good 
time on matters relevant to them, in particular on the transfer, restructuring and merger 
of undertakings and on collective redundancies.  

c. Support for increased capacity of social partners to promote social dialogue shall be 
encouraged. 

9. Work-life balance 

Parents and people with caring responsibilities have the right to suitable leave, flexible 
working arrangements and access to care services. Women and men shall have equal 
access to special leaves of absence in order to fulfil their caring responsibilities and be 
encouraged to use them in a balanced way. 

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

a.  Workers  have  the  right  to  a  high  level  of  protection  of  their  health  and  safety  at 
work.  

b.  Workers  have  the  right  to  a  working  environment  adapted  to  their  professional 
needs and which enables them to prolong their participation in the labour market. 

c.  Workers  have  the  right  to  have  their  personal  data  protected  in  the  employment 
context. 

Chapter III: Social protection and inclusion 

11. Childcare and support to children  

a.  Children  have  the  right  to  affordable  early  childhood  education  and  care  of  good 
quality.  

b.  Children  have  the  right  to  protection  from  poverty.  Children  from  disadvantaged 
backgrounds have the right to specific measures to enhance equal opportunities. 

12. Social protection 

Regardless  of  the  type  and  duration  of  their  employment  relationship,  workers,  and, 
under  comparable  conditions,  the  self-employed,  have  the  right  to  adequate  social 
protection. 

13. Unemployment benefits  

The  unemployed  have  the  right  to  adequate  activation  support  from  public 
employment services to (re)integrate in the labour market and adequate unemployment 
benefits of reasonable duration, in line with their contributions and national eligibility 
rules.  Such  benefits  shall  not  constitute  a  disincentive  for  a  quick  return  to 
employment.  

14. Minimum income 

Everyone  lacking  sufficient  resources  has  the  right  to  adequate  minimum  income 
benefits ensuring a life in dignity at all stages of life, and effective access to enabling 
goods  and  services.  For  those  who  can  work,  minimum  income  benefits  should  be 
combined with incentives to (re)integrate into the labour market.   

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15. Old age income and pensions 

a.  Workers  and  the  self-employed  in  retirement  have  the  right  to  a  pension 
commensurate  to  their  contributions  and  ensuring  an  adequate  income.  Women  and 
men shall have equal opportunities to acquire pension rights. 

b. Everyone in old age has the right to resources that ensure living in dignity. 

16. Health care  

Everyone has  the  right to  timely access to  affordable, preventive and curative health 
care of good quality.  

17. Inclusion of people with disabilities  

People with disabilities have the right to income support that ensures living in dignity, 
services that enable them to participate in the labour market and in society, and a work 
environment adapted to their needs. 

18. Long-term care  

Everyone  has  the  right  to  affordable  long-term  care  services  of  good  quality,  in 
particular home-care and community-based services.  

19. Housing and assistance for the homeless 

a. Access to social housing or housing assistance of good quality shall be provided for 
those in need.  

b.  Vulnerable  people  have  the  right  to  appropriate  assistance  and  protection  against 
forced eviction.  

c. Adequate shelter and services shall be provided to the homeless in order to promote 
their social inclusion.  

20. Access to essential services 

Everyone  has  the  right  to  access  essential  services  of  good  quality,  including  water, 
sanitation,  energy,  transport,  financial  services  and  digital  communications.  Support 
for access to such services shall be available for those in need. 

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