COMMISSION STAFF WORKING DOCUMENT Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE Monitoring the implementation of the European Pillar of Social Rights
Date: 2018-03-13
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: EU employment policy, EU initiative, European social policy, economic and social cohesion, euro area, social dialogue, social rights, social security, socioeconomic conditions, welfare

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   EUROPEAN COMMISSION  Strasbourg, 13.3.2018  SWD(2018) 67 final  COMMISSION STAFF WORKING DOCUMENT Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE Monitoring the implementation of the European Pillar of Social Rights {COM(2018) 130 final}  
 
 
Contents 

Introduction ............................................................................................................................................. 2 

Chapter I – Equal opportunities and access to the labour market.......................................................... 6 

Principle 1 - Education, training and life-long learning ........................................................................... 6 

Principle 2 - Gender equality ................................................................................................................. 12 

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. ................................................................................................... 12 

Principle 3 - Equal opportunities ........................................................................................................... 17 

Principle 4 - Active support to employment ......................................................................................... 21 

Principle 5 - Secure and adaptable employment .................................................................................. 26 

Principle 6 - Wages ................................................................................................................................ 32 

Principle 7 - Information about employment conditions and protection in case of dismissals ............ 35 

Principle 8 - Social dialogue and involvement of workers .................................................................... 39 

Principle 9 - Work-life balance .............................................................................................................. 44 

Principle 10 - Healthy, safe and well-adapted work environment and data protection ....................... 48 

Chapter III – Social protection and inclusion ......................................................................................... 53 

Principle 11 - Childcare and support to children ................................................................................... 53 

Principle 12 - Social protection .............................................................................................................. 58 

Principle 13 - Unemployment Benefits ................................................................................................. 62 

Principle 14 - Minimum income ............................................................................................................ 65 

Principle 15 - Old-age income and pensions ......................................................................................... 68 

Principle 16 - Health care ...................................................................................................................... 72 

Principle 17 - Inclusion of people with disabilities ................................................................................ 75 

Principle 18 - Long-term care ................................................................................................................ 78 

Principle 19 - Housing and assistance for the homeless ....................................................................... 81 

Principle 20 - Access to essential services ............................................................................................. 85 

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Introduction 

The  European  Pillar  of  Social  Rights  was  proclaimed  on  17  November  2017  by  the  European 
Parliament,  the  Council  and  the  Commission  at  the  Social  Summit  for  Fair  Jobs  and  Growth  in 
Gothenburg,  Sweden.  It  expresses  the  shared  responsibility  of  EU  institutions,  all  levels  of 
government, social partners and civil society to deliver a strong social Europe. Ahead of the Summit, 
EU-level social partners agreed on a joint statement1 detailing how they can contribute to fair jobs 
and growth in the future. 

At the European Council of December 20172, European Heads of State or Government called for the 
Pillar to be implemented at EU and Member State level, in line with their  respective competences, 
and  for  swift  progress  on  pending  social  files,  including  new  initiatives  in  the  Commission's  Work 
Programme  20183.  They  also  asked  the  European  Commission  to  propose  appropriate  monitoring 
arrangements for the Pillar.  

This staff working document provides an update of a similar document issued by the Commission as 
part of the European Pillar of Social Rights Pillar in April 20174. It details progress made at EU level 
between April 2017 and March 2018. 

The European Pillar of Social Rights sets out a number of key principles and rights to support fair and 
well-functioning  labour  markets  and  welfare  systems.  Together,  these  principles  and  rights  set  an 
ambitious agenda for better-performing economies  and more equitable and resilient societies. The 
goal  is  to  support  a  renewed  process  of  convergence  towards  better  working  and  living  conditions 
across Europe. It is about delivering new and more effective rights for citizens, addressing emerging 
social  challenges  and  the  changing  world  of  work  in  light  of,  in  particular,  emerging  types  of 
employment deriving from new  technologies and the digital revolution. These principles and rights 
inclusion,  education  and  equal 
cover  the  areas  of  employment,  social  protection,  social 
opportunities.   

The Pillar builds both on existing EU law (the EU 'acquis)' and international law. In particular, it draws 
on: 

 
 
 
 

the 1989 Community Charter of the Fundamental Social Rights of Workers,  
the European Social Charter of 1961,  
the Revised European Social Charter of 1996 and  
the European Code of Social Security of the Council of Europe.  

1 http://www.socialsummit17.se/wp-content/uploads/2017/11/Joint-statement-of-the-european-social-partner.pdf 
2 http://www.consilium.europa.eu/media/32204/14-final-conclusions-rev1-en.pdf 
3 https://ec.europa.eu/info/publications/2018-commission-work-programme-key-documents_en 
4 SWD (2017) 201 final  

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Its principles also take account of the relevant International Labour Organization (ILO) conventions, 
recommendations  and  related  protocols,  and  the  United  Nations  Convention  on  the  Rights  of 
Persons with Disabilities.  

Over the last 30 years, the EU acquis on social matters has also developed, through new provisions in 
the  EU  Treaties,  the  adoption  of  the  Charter  of  Fundamental  Rights  of  the  European  Union,  new 
legislation  and  the  case  law  of  the  Court  of  Justice  of  the  European  Union.  More  recently,  the 
adoption  of  the  UN  Sustainable  Development  Goals  for  2030  has  provided  a  new  agenda  for 
addressing  poverty  eradication  and  the  economic,  social,  solidarity  and  environmental  aspects  of 
sustainable development in a balanced and integrated manner. 

This document, like the European Pillar of Social Rights, has three chapters, divided into sections on 
each  principle  or  right.  Each  section  is  in  three  parts,  covering  the  existing  law,  the  scope  of  and 
changes introduced by the Pillar, and how it can be implemented.  

Existing EU law in this field 

For  each  principle  or  right,  the  first  part  outlines  the  social  acquis,  starting  with  the  relevant 
provisions  of  the  Charter  of  Fundamental  Rights  of  the  European  Union,  and  lists  the  legislative 
powers and their limits set out in the Treaty on the Functioning of the European Union (TFEU). It then 
lists  the  key  legislative  and  non-legislative  measures  already  in  place  that  support  the  principle  or 
right in question.   

Only  the  most  relevant  instruments  are  listed  -  both  legally  binding  measures  and  Council  or 
Commission recommendations providing guidance.  

Where reference is made to the Charter of Fundamental Rights of the European Union, it should be 
noted  that  this  Charter's  provisions  apply  to  the  EU  institutions,  bodies,  offices  and  agencies,  with 
due regard for the principle of subsidiarity, and to Member States only where they are implementing 
EU law.  

 Scope and changed introduced by the European Pillar of Social Rights 

The Pillar highlights principles and rights contained in binding provisions of EU law, and makes them 
more  understandable  and  explicit  for  citizens  and  everyone  involved.  Moreover,  in  some  specific 
areas,  the Pillar  adds  new  elements  to  the existing  acquis.  This  is  explained  in detail in  the second 
part of the section.  

The  principles  and  rights  set  out  are  addressed  to  EU  citizens  and  legally  resident  third  country 
nationals  in  Member  States,  regardless  of  their  employment  status,  and  to  public  authorities  and 
social partners.  

Implementation  

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Given the legal nature of the Pillar, for these principles and rights to be legally enforceable, they first 
require dedicated measures or legislation to be adopted at the appropriate level. This is explained in 
the third part of each section, which sets out what can be done to implement each principle or right 
by  Member  States  and the social partners,  which  have the primary  responsibility for  putting  social 
principles  and  rights  into  practice.  Additionally,  this  section  outlines  how  EU  actions  would 
contribute. 

Developments at EU and Member State level that fall under the Pillar’s scope are closely monitored 
as  part  of  the  European  Semester,  the  EU’s  annual  cycle  of  economic  policy  coordination.  The 
Semester  also  promotes  targeted  reforms,  depending  on  national  specificities,  covering  the  wide 
span  of  the  Pillar,  from  education,  training  and  life-long  learning  to  active  support  for  the 
unemployed, wages, childcare, social protection and minimum income and pension and healthcare 
systems.  The  euro  area  and  country  analysis  and  recommendations  made  as  part  of  the  Semester 
will  therefore  reflect  and  promote  the  development  of  social  rights,  by  assessing,  monitoring  and 
comparing  progress  on  their  implementation.  Benchmarking  aiming  to  support  structural  reforms 
and  upwards  convergence  among  Member  States  towards  best  performers  will  be  progressively 
conducted  for  a  limited  set  of  areas  such  as  unemployment  benefits,  minimum  wages,  minimum 
income, early childhood education and care, employment protection legislation5 and access to social 
protection.  

The  European  Structural  and  Investment  Funds  will  support  the  implementation  of  the  European 
Pillar of Social Rights. In particular, the European Social Fund, the European Regional Development 
Fund  and  social  cohesion  initiatives  such  as  the  Youth  Employment  Initiative,  the  European 
Globalisation  Fund  and  the  Fund  for  European  Aid  to  the  Most  Deprived,  will  play  a  key  follow-up 
role. The Pillar will also play a role in the design of the post-2020 programmes for these funds and 
initiatives.  

Turning  the  principles  and  rights  enshrined  in  the  Pillar  into  reality  is  a  shared  commitment  and 
responsibility  for  the  EU,  its  Member  States  and  the  social  partners,  acting  in  line  with  the 
distribution of competences set by the Treaties and taking into account the principles of subsidiarity 
and proportionality, sound public finances and the respect of the autonomy of the social partners.  

Nothing  in  the  European  Pillar  of  Social  Rights  shall  be  interpreted  as  restricting  or  adversely 
affecting principles and rights recognised in relevant fields of application, by EU law or international 
law and by international agreements to which the EU or all the Member States are party, including 
the  European  Social  Charter  of  1961  and  the  relevant  ILO  Conventions  and  Recommendations. 
Implementation  of  the Pillar  could  be  reinforced by  ratifying  relevant ILO conventions,  the  Revised 
European  Social  Charter  of  1996  and  its  Additional  Protocol  Providing  for  a  System  of  Collective 
Complaints.     

5 Draft Joint Employment Report 2018 

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The  involvement  of  social  partners  is  central  to  the  delivery  of  social  rights.  Promoting  dialogue 
between  management  and  labour  is  enshrined  as  a  common  objective  of  the  EU  and  its  Member 
States,  in  Article  151  TFEU.  At  EU  level,  in  the  policy  domains  covered  by  Article  153  TFEU,  social 
partners are to be consulted in accordance with Article 154 TFEU and may request implementation of 
their  agreements  at  EU 
level  under  Article  155  TFEU.  Social  partners  may  support  the 
implementation  of  the  Pillar  via  collective  bargaining  at  national  level  and/or  by  collecting  and 
exchanging good practices across Europe.  

In  addition,  civil  dialogue  at  both  national  and  EU  level  is  vital  for  broadening  participation  in 
policymaking and further mobilising social actors to help deliver the principles and rights of the Pillar. 
Civil dialogue involving civil society organisations allows for a range of civic stakeholder interests to 
be represented and reinforces the transparency, accountability and legitimacy of public decisions. 

The  Pillar  should  be  implemented  according  to  available  resources  and  within  the  limits  of  sound 
budgetary  management  and  Treaty  obligations  governing  public  finances.  In  particular,  the 
establishment  of  the  Pillar  does  not  affect  the  right  of  Member  States  to  define  the  fundamental 
principles  of  their  social  security  systems  and  should  not  affect  the  financial  equilibrium  of  those 
systems.  

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Chapter I – Equal opportunities and access to the labour market 

Principle 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.  

1. Existing EU law  

a) The Charter of Fundamental Rights of the European Union 

Article 14 of the Charter gives everyone the right to education and to have access to vocational and 
continuing  training.  This  right  includes  the  possibility  of  receiving  compulsory  education  free  of 
charge. 

b) EU legislative powers and their limits 

Under the Treaty on the Functioning of the European Union (TFEU):  

  Article 165 empowers the EU to help develop high-quality education by encouraging policy 
cooperation  between  Member  States  and,  if  necessary,  by  supporting  and  implementing 
action on this. In doing so, the EU must fully respect Member States ' responsibility for the 
content of teaching and their cultural and linguistic diversity.  

  Article 166 empowers the EU to implement a vocational training policy which supports and 
supplements the actions of Member States, while fully respecting their responsibility for the 
content and organisation of vocational training.   

c) Existing measures in this field 

Council  Recommendation  of  22 April  2013  on  establishing  a  Youth  Guarantee6  calls  on  Member 
States  to  ensure  that,  within  a  period  of  four  months  of  becoming  unemployed  or  leaving  formal 
education, all young people under the age of 25 years receive a good-quality offer of employment, 
continued education, an apprenticeship or a traineeship.   

Recommendation 2006/962/EC of the European Parliament and of the Council of 18 December 2006 
on key competences for lifelong learning7 identifies the knowledge, skills and attitudes for personal 
fulfilment, active citizenship, social cohesion and employability.  

Council  Recommendation  of  28  June  2011  on  policies  to  reduce  early  school  leaving8  invites  EU 
Member States to develop comprehensive strategies to support young people in completing upper 

6  Council Recommendation of 22 April 2013 on establishing a Youth Guarantee, OJ C120, 26.4.2013, p.1. 
7  Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong 
learning OJ L 394, 30.12.2006, p. 10. 

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secondary  education  and  achieve  the  Europe  2020  headline  target  on  reducing  the  rate  of  early 
school leaving to less than 10% by 2020. 

Recommendation 2006/143/EC of the European Parliament and of the Council of 15 February 2006 
on  further  European  cooperation  in  quality  assurance  in  higher  education9  identifies  actions  that 
could be taken at national and EU level to support the development and accreditation of high-quality 
higher education. 

Recommendation 2009/C 155/01 of the European Parliament and of the Council of 18 June 2009 on 
the establishment of a European Quality Assurance Reference Framework for Vocational Education 
and Training10 provides common tools for the management of quality to promote better vocational 
education and training. 

Recommendation  of  the  European  Parliament  and  of  the  Council  of  23  April  2008  on  the 
establishment of the European Qualifications Framework for lifelong learning11 sets out a method for 
measuring educational achievement based on learning outcomes.  

Council  Recommendation  of  20  December  2012  on  the  validation  of  non-formal  and  informal 
learning12  calls  on  EU  Member  States  to  make  appropriate  arrangements  to  identify,  document, 
assess and certify learning outcomes leading to a qualification.  

The New Skills Agenda for Europe13, adopted in June 2016, launched a number of actions to improve 
the quality and relevance of skills formation, make skills more visible and comparable, and improve 
skills  intelligence.  One  of  these  actions  is  Council  Recommendation  of  19  December  2016  on 
Upskilling Pathways: New Opportunities for Adults14 which calls on EU Member States to offer adults 
support to acquire a minimum level of literacy, numeracy and digital competence and make progress 
towards a secondary qualification, and sets out the blueprint for sectoral cooperation on skills. 

Regulation  1303/201315  and  Regulation  1304/201316  provide  support  to  the  thematic  objective 
'investing in education, training and vocational training for skills and lifelong learning'. The budget for 

8 Council Recommendation of 28 June 2011 on policies to reduce early school leaving, OJ C 191, 1.7.2011, p. 1. 
9 Recommendation of the European Parliament and of the Council of 15 February 2006 on further European cooperation in 
quality assurance in higher education, OJ L 64, 4.3.2006, p. 60–62 
10 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, OJ C 155, 8.7.2009, p. 1. 
11 Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European 
Qualifications Framework for lifelong learning, OJ C 111, 6.5.2008, p. 1.  
12  Council  Recommendation  of  20  December  2012  on  the  validation  of  non-formal  and  informal  learning,  OJ  C  398, 
22.12.2012, p. 1. 
13 Communication from the Commission, A New Skills Agenda for Europe, COM(2016) 381 final, 10.6.2016 
14 OJ C484, 24.12.2016, p.1. 
15 2011/0276/COD - Regulation 1303/2013  laying down the provisions on the European Regional Development Fund, the 
European Social Fund, the Cohesion Fund, the Agricultural Fund for Rural Development and the European Maritime and 
Fisheries Fund (also called ESI Funds) 
16 2011/0268/COD - Regulation 1304/2013 on the European Social Fund (ESF) 

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this objective for 2014-2020 is 34.6 billion EUR, including 27.1 billion EUR under the European Social 
Fund (ESF). 

The  European  Council  Conclusions  of  December  201717  highlight  the  importance  of  the  social, 
educational and cultural dimensions of EU policies in bringing Europeans together and building our 
common future.  

2. Scope and changes introduced by the European Pillar of Social Rights 

The European Pillar of Social Rights sets out a general right to education and training throughout life. 
It  goes  further  than  Article  14  of  the  Charter  of  Fundamental  Rights  of  the  European  Union,  by 
focusing on quality and inclusiveness. 

The Pillar: 

  aims to ensure the provision of high-quality formal and informal education and training;  
  emphasises  the  relevance  of  education  and  skills  for  successful  participation  in  the  labour 

market and for social cohesion; 

  emphasises  the  need  for  opportunities  to  maintain  and  acquire  skills.  This  requires  flexible 
opportunities for learning and re-training, which should be available at all times throughout a 
person's life and career, regardless of the employment status. These include early childhood, 
initial, further, higher and adult education and training systems. 

Inclusive  education,  training  and  lifelong-learning  require  the  provisions  of  accessible  means  to 
acquire, maintain or develop skills and competences to a level that equips everyone for active life. 
For  example,  any  particular  needs  of  people  with  disabilities  or  those  from  disadvantaged 
backgrounds should be catered for, so that they receive access on an equal basis. 

The  Pillar  puts  further  emphasis  on  the  skills  required  during  labour  market  transitions,  such  as 
changes  in  employment  status,  changing  employer,  entering  or  returning  from  career  breaks  or 
moving  between  employment  and  self-employment.  This  includes  acquiring  and  maintaining  basic 
digital skills. 

 3. Implementation 

a) What Member States and social partners can do 

Member States are responsible for determining the content of teaching and vocational training and 
for the organisation of their national education systems and vocational training. They are invited to 
implement  the  Pillar's  provisions  in  light  of  this,  in  addition  to  applying  it  when  implementing  EU 
measures adopted in these fields. 

17 EUCO 19/1/17 REV 1 CO EUR 24 CONCL 7, 14.12.2017 

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At EU level, social partners can also collect and exchange good practices across the EU. Nationally, 
they  can  support  the  implementation  of  this  Principle  via  collective  bargaining  and  through 
involvement in the design and implementation of relevant policies.  They can promote, develop and 
contribute  to  policies  at  company,  local,  national  or  EU  level  to  improve  training,  re-training  and 
lifelong learning opportunities and to provide more traineeships and apprenticeships.  

At  cross-industry  level,  EU  social  partners  have  worked  on  identifying  skills  needs  in  digital 
economies  and  encouraging  the  use  of  apprenticeships  to  increase  youth  employment.  They  have 
organised discussions between national social partners on these issues. 

Good practice in the spirit of the Pillar 

In  2017,  in  order  to  reduce  early  school  leaving  rates,  Bulgaria  put  together  local  multidisciplinary 
teams as part of interinstitutional cooperation measures to improve school enrolment and retention. 
The aim is to identify out-of-school children or students at risk of dropout, improve the information 
exchange between relevant institutions and improve the data collection. 

In Slovenia a reform of the vocational education and training system came into effect in December 
2017. It provided that an apprentice has the same status as a secondary school student and not that 
of  a  worker.  The  educational  programme  followed  by  an  apprentice  must  consist  of  at  least  50  % 
practical  education  (work)  with  the  employer,  while  at  least  40  %  of  the  apprentice’s  educational 
programme must be provided by the school.  

In  Finland  a  reform  of  the  qualification  structure,  funding  and  governance  framework  of  the 
vocational education and training systems was adopted in June 2017. This will increase and diversify 
learning  in  the  workplace  by  developing  apprenticeship  training  and  by  introducing  a  new  training 
agreement  model  that  facilitates  flexible  learning  and  a  practical  approach  to  obtaining  a 
qualification. Social partners were involved in the working groups that drew up the reform. 

b)  Recent and ongoing initiatives at EU level 

 In  2017,  the  Commission  adopted  a  proposal  for  a  Council  Recommendation  on  a  European 
Framework for Quality and Effective Apprenticeships, which sets out criteria for learning and working 
conditions, and identifies framework conditions that should enable learners to acquire relevant skills 
and qualifications through high-quality and effective apprenticeships schemes. 

The  revised  European  Qualifications  Framework18  adopted  in  May  2017  is  currently  being 
implemented.  It  will  support  better  understanding  of  qualifications  and  make  better  use  of  all 
available skills in the European labour market. 

18 https://ec.europa.eu/ploteus/ 

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In  2017  the  Commission  adopted  a  Communication  on  Strengthening  European  Identity  through 
Education  and  Culture19,  which  sets  out  the  Commission's  vision  of  a  European  Education  Area, 
building on the New Skills Agenda for Europe and the investing in Europe's youth initiatives. 

The Commission adopted a proposal for a Council Recommendation on Key Competences for Lifelong 
Learning  in  January  201820,  updating  the  definition  of  key  competences  necessary  for  personal 
fulfilment, employability, active citizenship and social inclusion in a lifelong learning perspective.  

Political agreement was reached between Council and Parliament on a revised Europass Decision21 in 
December 2017. It will offer a basis for updating the Europass Framework, providing improved tools 
for people to present their skills and obtain information on skills needs and trends. 

The  Commission  is  implementing  the  Digital  Skills  and  Jobs  Coalition  to  accompany  the  digital 
transformation.  It  is  doing  so  by  promoting  the  exchange  of  best  practice  and  encouraging 
partnerships between industry, education providers and social partners. 

The Commission published a proposal for a Council Recommendation on promoting common values, 
inclusive education, and the European dimension of teaching on 17 January 201822. 

The Commission presented a Communication on a renewed EU agenda for higher education23 in May 
2017, focused on: tackling future skills mismatches and promoting excellence in skills development; 
building  inclusive  and  connected  higher  education  systems;  ensuring  that  higher  education 
institutions  contribute  to  innovation;  and  supporting  effective  and  efficient  higher  education 
systems. 

The  Commission  presented  in  May  2017  a  Communication  on  school  development  and  excellent 
teaching  for  a  great  start  in  life24.  It  focused  on  developing  better  and  more  inclusive  schools, 
supporting  teachers  and  school  leaders,  and  developing  and  re-focusing  the  governance  of  school 
education systems. 

The  Commission  proposal  for  a  Council  Recommendation  for  tracking  graduates  was  adopted  in 
November 201725. The initiative set out in the proposal aims to improve the availability of qualitative 
and quantitative information about what graduates from tertiary education and vocational education 
and training in the EU go on to do after they complete their education and training.  

In  its  December  2016  Communication  "Investing  in  Europe's  Youth",26  the  Commission  proposed 
renewed actions to support youth employment and create more opportunities for young people. 

19 COM(2017) 673 final, 14.11.2017 
20 2018/0008 (NLE). https://ec.europa.eu/education/sites/education/files/recommendation-key-competences-lifelong-
learning.pdf 
21 Decision No 2241/2004/EC of the European Parliament and of the Council of 15 December 2004 on a single Community 
framework for the transparency of qualifications and competences (Europass), OJ L 390, 31.12.2004, p. 6 
22 COM(2018) 23 final 
23 https://ec.europa.eu/education/sites/education/files/he-com-2017-247_en.pdf 
24 COM(2017) 248 final 
25 http://data.consilium.europa.eu/doc/document/ST-14208-2017-INIT/en/pdf 
26 COM(2016) 940 final. 

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To ensure the full and sustainable implementation of the Youth Guarantee, the budget for the Youth 
Employment Initiative was extended by EUR 1.2 billion, spread over four years (2017-2020), matched 
by EUR 1.2 billion from existing ESF allocations. 

In  June  2016,  the  European  Commission  proposed  specific  actions  to  support  Member  States  in 
integrating  third-country  nationals  in  their  education  systems  under  the  Action  Plan  on  the 
Integration of Third-country nationals.27  

In December 2017, the European Commission and the European social and economic partners signed 
a European Partnership on integration laying down key principles and commitments to support and 
strengthen  opportunities  for  refugees  and  migrants  legally  residing  in  the  EU  to  integrate  into  the 
European labour market. 28 

The  European  Centre  for  the  Development  of  Vocational  Training  (Cedefop),  one  of  the  EU's 
decentralised agencies, is supporting work by the Commission, Member States and social partners to 
modernise vocational education and training systems, improve access to and the attractiveness and 
efficiency of  vocational education and training, and  provide information on current and future skill 
supply and demand in the European labour market. 

27 COM(2016) 377 final. 
28 https://ec.europa.eu/home-affairs/sites/homeaffairs/files/e-library/documents/policies/legal-
migration/integration/docs/20171220_european_partnership_for_integration_en.pdf 

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Principle 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.  

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article  23  of  the  Charter  provides  that  equality  between  women  and  men  must  be  ensured  in  all 
areas, including employment, work and pay. It also stipulates that the principle of equality shall not 
prevent the maintenance or adoption of measures which provide specific advantages in favour of the 
under-represented sex. 

Article  33  of  the  Charter  provides  that,  in  order  to  reconcile  family  and  professional  life,  everyone 
shall have the right to protection from dismissal for a reason connected with maternity and the right 
to paid maternity leave and to parental leave following the birth or adoption of a child.  

b) EU legislative powers and their limits 

Article 19 of the Treaty on the Functioning of the European Union (TFEU) empowers the EU to take 
appropriate action to combat discrimination, including discrimination based on gender.   

Article  153  TFEU  empowers  the  EU  to  adopt  measures,  including  directives  setting  minimum 
requirements,  to  support  and  complement  Member  State  activities,  including  to  ensure  equality 
between men and women with regard to labour market opportunities and treatment at work. Article 
157(3) TFEU empowers the EU to adopt measures to ensure that the principle of equal opportunities 
and  equal  treatment  of  men  and  women  in  matters  of  employment  and  occupation  is  applied, 
including the principle of equal pay for equal work or work of equal value.  

Article  157(4)  TFEU  specifies  that  the  principle  of  equal  treatment  shall  not  prevent  any  Member 
State from maintaining or  adopting  measures  providing  for  specific advantages  in order  to  make it 
easier for the under-represented sex to pursue a vocational activity or to prevent or compensate for 
disadvantages in professional careers. 

c) Existing measures in this field 

EU  Directives  prohibit  discrimination  and  promote gender  equality  in employment  and  occupation, 
self-employment, access to and supply of goods and services, and social security. They also set out 
rights related to maternity and parental leave.  

EN 

12 

 
 
 
 
 
Directive 2006/54/EC of the European Parliament and of the Council  29 guarantees equal treatment 
of men and women in: access to vocational training and employment, including promotion; working 
conditions,  including  pay;  and  occupational  social  security  schemes.  Commission  Recommendation 
2014/124/EU30  aims  to  improve  the  application  of  the  principle  of  equal  pay  between  men  and 
women through increased transparency.   

Council  Directive  79/7/EEC31  provides  for  equal  treatment  of  men  and  women  in  social  security 
matters,  such  as:  statutory  social  security  schemes  which  provide  protection  against  sickness, 
invalidity, accidents at work and occupational diseases, unemployment and risks related to old age; 
and social assistance which supplements or replaces such social security schemes.  

Council  Directive  2004/113/EC32  guarantees  equal  treatment  of  men  and  women  in  access  to  and 
supply of goods and services. Directive 2010/41/EU of the European Parliament and of the Council33 
clarifies that the principle of equal treatment of men and women applies to  self-employed workers 
and in situations where spouses or life partners of a self-employed worker participate in his or her 
activities. 

Council  Directive  92/85/EEC34  contains  measures  to  encourage  improvements  in  the  health  and 
safety  at  work  of  pregnant  workers  and  workers  who  have  recently  given  birth  or  who  are 
breastfeeding, and establishes the right to a minimum of 14 weeks of maternity leave. It guarantees 
protection against dismissal from the beginning of the pregnancy to the end of this maternity leave. 

Council  Directive  2010/18/EU35  establishes  the  right  to  parental  leave  and  sets  out  minimum 
requirements  for  that  leave  (four  months  for  each  parent,  at  least  one  month  of  which  cannot  be 
transferred to the other parent) and the requirement to protect  employment rights. It sets out the 
circumstances  that  must  be  put  in  place  when  and  employee  returns  to  work  after  such  parental 
leave and established the right to special leave from work on grounds of force majeure.   

29  Directive  2006/54/EC  of  the  European  Parliament  and  of  the  Council  of  5 July  2006  on  the  implementation  of  the 
Principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) 
OJ L 204, 26.7.2006, p. 23. 
30 Commission Recommendation of 7 March 2014 on strengthening the Principle of equal pay between men and women 
through transparency, OJ L 69, 8.3.2014, p. 112. 
31 Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the Principle of equal treatment 
for men and women in matters of social security, OJ L 6, 10.1.1979, p. 24. 
32 Council Directive 2004/113/EC of 13 December 2004 implementing the Principle of equal treatment between men and 
women in the access to and supply of goods and services OJ L 373, 21.12.2004, p. 37. 
33 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the Principle of 
equal treatment between men and women engaged in an activity in a self-employed capacity, OJ L 180, 15.7.2010, p.1. 
34  Council  Directive  92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to  encourage  improvements  in  the 
safety  and  health  at  work  of  pregnant  workers  and  workers  who  have  recently  given  birth  or  are  breastfeeding  (tenth 
individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC), OJ L 348, 28.11.1992, p. 1. 
35  Council  Directive  2010/18/EU  of  8  March  2010  implementing  the  revised  Framework  Agreement  on  parental  leave 
concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC, OJ L 68, 18.3.2010, p. 13.  

13 

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Regulation  1303/201336  and  Regulation  1304/201337  include  provisions  to  ensure  that  'equality 
between  men  and  women  and  the  integration  of  gender  perspective  are  taken  into  account  and 
promoted throughout the preparation and implementation of programmes, including in relation to 
monitoring,  reporting  and  evaluation'38  .  In  addition,  under  the  European  Social  Fund  all  Member 
States are expected to support specific targeted actions in this area. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  emphasises  the  need  to  foster  proactively  equality  between  women  and  men  through 
positive action in all areas. By extending equality to all areas, the Pillar goes beyond the existing EU 
provisions in this area. The provisions on gender equality focus in particular on: participation in the 
labour  market  (as  reflected  by  the  gap  in  employment  between  women  and  men);  terms  and 
conditions of employment (e.g. the difference in the use of part-time employment between women 
and men); and career progression (e.g. the proportion of women in management positions and the 
low  numbers  of  female  entrepreneurs).  These  are  all  areas  where  further  progress  needs  to  be 
made. Principle 2b addresses the specific challenge of the gender pay gap, which persists despite the 
measures in current EU legislation.   

3. Implementation 

a) What Member States and Social Partners can do 

Member  States  are  in  charge  of  transposing  and  enforcing  rules  adopted  at  EU  level.  As  the  EU 
measures merely set minimum standards, Member States are invited to go beyond these in order to 
give effect to this principle. 

At EU level, social partners are to be consulted in accordance with Article 154 of the TFEU on possible 
initiatives based on Article 153 of the TFEU. They can sign agreements that can be implemented at 
EU  level  at  their  request,  in  accordance  with  Article  155  of  the  TFEU.  They  can  also  collect  and 
exchange good practices across the EU.  

Nationally, social partners can support the implementation of this principle via collective bargaining 
and through involvement in the design and implementation of relevant policies.   

At cross-industry level, EU social partners selected gender equality as a priority for their 2015-2017 
work programme, organising exchanges of good practice from national and sectoral social partners 
on ways to reduce the gender pay gap.  

Good practice in the spirit of the Pillar 

36 2011/0276/COD - Regulation 1303/2013  laying down common provisions on the European Regional Development Fund, 
the European Social Fund, the Cohesion Fund, the Agricultural Fund for Rural Development and the European Maritime and 
Fisheries Fund (also called ESI Funds) 
37 2011/0268/COD - Regulation 1304/2013  on the European Social Fund (ESF) 
38 Article 7 of Common Provisions Regulation (EU) 1303/2013 

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In  December  2017,  the  Estonian  Parliament  approved  changes  to  the  parental  leave  and  benefits 
system. These include developing flexible possibilities for families to combine  leave and work. One 
aim of these changes is to encourage the more balanced distribution of parental leave and benefits 
between  mothers  and  fathers.  A  month-long  period  of  father-specific  leave  was  introduced  (which 
specifies that if the father does not use the month, the family will lose that period of the leave). This 
month will be added to the current 18 months of parental leave allowed in the Estonian system. In 
the  long  term,  this  new  parental  leave  system  is  expected  to  encourage  fathers  to  take  up  more 
leave. The father’s month is meant for all fathers despite of their status in the labour market or the 
type of contract they have (whether they work as self-employed or with a permanent contract). The 
changes will be established gradually in the years 2018-2020. 

b) Recent and ongoing initiatives at EU level  
The Commission is implementing the Strategic Engagement for Gender Equality 2016-2019,39 which 
sets out the main priorities in this area,  and outlines the existing tools to tackle issues, such as the 
European  Semester,  EU  Funds  and  enforcing  current  legislation.  In  this  context,  on  20  November 
2017, the Commission adopted an Action Plan 2017 – 2019 to tackle the gender pay gap40.  

The Commission  presented,  together  with the European  Pillar of  Social Rights,  an  initiative "A new 
start  to  support  work-life  balance  for  parents  and  carers"41.  Its  objective  is  to  address  women's 
under-representation  in  the  labour  market  by  facilitating  balancing  professional  and  family 
responsibilities for both women and men. It includes a proposal for a Directive on work-life balance 
for parents and carers, currently being discussed in the European Parliament and in Council, and a 
Communication with a number of complementary measures, such as providing EU funding to support 
more  and  better  childcare  and  long-term  care  facilities,  identifying  country-specific  obstacles 
resulting  from tax-benefit systems,  which  discourage second-earners  (predominantly  women) from 
work,  better  monitoring  of  the  reconciliation  policies  as  part  of  the  annual  European  Semester 
exercise.  

Furthermore, it has proposed a Directive aimed at improving gender balance in corporate boards of 
the largest listed companies.42 The Directive is supported by the European Parliament and a majority 
of Member States and is being discussed by the Council. 

The Commission is stepping up its efforts to combat violence against women and is working towards 
the  EU's  accession  to  the  Council  of  Europe  Convention  on  preventing  and  combating  violence 
against women (the Istanbul Convention) on the basis of its proposal made in March 2016.43 The EU 
signed the Convention in June 2017 and discussions are ongoing on internal arrangements between 
the EU and its Member States to allow the EU to conclude the accession and ratify the Convention. 

39 SWD (2015)278. 
40 COM(2017) 678 final 
41 COM(2017)253 
42 COM(2012) 614. 
43 COM(2016) 111 final. 

EN 

15 

 
 
 
 
                                                            
The European Institute for Gender Equality, one of the EU's decentralised agencies, is supporting the 
work of the Commission, Member States and social partners in the area of work-life balance.  

EN 

16 

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

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article  21  of  the  Charter  prohibits  any  discrimination  based  on  any  grounds,  including  sex,  race, 
colour,  ethnic  or  social  origin,  genetic  features,  language,  religion  or  belief,  political  or  any  other 
opinion,  membership  of  a  national  minority,  property,  birth,  disability,  age  or  sexual  orientation. 
Subject to certain exceptions, Article 21 of the Charter also prohibits any discrimination on grounds 
of nationality. 

b) EU legislative powers and their limits 

Article 19 of the Treaty on the Functioning of the European Union (TFEU) empowers the EU to take 
appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, 
disability,  age  or  sexual  orientation.  Article  18  also  refers  to  the  prohibition  of  discrimination  on 
grounds of nationality. 

c) Existing measures in this field 

Council Directive 2000/43/EC44 (the Racial Equality Directive) prohibits discrimination based on racial 
or  ethnic  origin  in  access  to  employment,  self-employment  and  occupation,  employment  and 
working conditions, education, vocational training, social protection, social advantages, and access to 
goods  and  services  which  are  available  to  the  public,  including  housing.  Council  Directive 
2000/78/EC45 (the Employment Equality Directive) prohibits discrimination on the grounds of religion 
or belief, disability, age or sexual orientation with regard to access to employment, self-employment, 
occupation and vocational training. Both of these Directives prohibit various forms of discrimination: 
direct and indirect discrimination, harassment, instruction to discriminate and victimisation. The EU 
is a party to the United Nations Convention on the Rights of Persons with Disabilities.46  

44  Council  Directive  2000/43/EC  of  29  June  2000  implementing  the  Principle  of  equal  treatment  between  persons 
irrespective of racial or ethnic origin, OJ L 180, 19.7.2000, p. 22.  
45 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment 
and occupation, OJ L 303, 2.12.2000, p. 16. 
46 Council Decision of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations 
Convention on the Rights of Persons with Disabilities, OJ L 23, 27.1.2010, p. 35. 

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Legally  residing  third-country  nationals  that  are  long-term  residents  or  covered  by  other  EU 
Directives47 are entitled to enjoy equal treatment with nationals of their host countries in a number 
of areas, including in particular: working conditions, including pay and dismissal; access to education 
and  vocational  training;  and  social  security.  In  2004,  Member  States  adopted  common  basic 
principles  of  integration  of  third-country  nationals.  These  constitute  a  framework  for  policy 
cooperation on improving integration in the EU and a framework against which Member States can 
judge and assess their own efforts. 

Council Recommendation 2013/C 378/01 provides guidance on effective Roma integration measures 
in  Members  States,  in  particular  as  regards  access  to  education,  employment,  healthcare  and 
housing. 

The  European  Structural  and  Investment  Funds  have  allocated  43.5  billion  EUR  in  the  2014-2020 
period  towards  the  thematic  objective,  which  foresees  to  promote  social  inclusion  and  combat 
poverty and any discrimination. For the 2014-2020 programming period, 1.6 billion EUR have been 
allocated under the European Social Fund for the priority ‘Equality between men and women in all 
areas, including in access to employment, career progression, reconciliation of work and private life 
and promotion of equal pay for equal work’. The European Agricultural Fund for Rural Development 
deals  with  the  specific  challenges  of  rural  areas  and  promotes  the  social  inclusion  and  poverty 
reduction in those territories. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  partially  goes  beyond  the  current  EU 
legislation  by  extending  protection  from 
discrimination on the grounds of religion or belief, disability, age and sexual orientation to the areas 
of:  social  protection,  including  social  security  and  healthcare;  education;  and  access  to  goods  and 
services  available  to  the  public.  The  Pillar  also  extends  the  prohibition  of  discrimination  based  on 
gender to the area of education, which is not covered by the current legislation.  

Equal  opportunities  measures  aim  to  promote  the  inclusion  of  and  participation  by  under-
represented groups in the labour market and in wider society. The Pillar's provisions emphasise that 
specific measures may be necessary to prevent, correct and compensate for disadvantages linked to 
certain protected grounds. This principle encourages Member States to address the challenge faced 
by groups at particular risk of discrimination through positive action and incentives, for instance by 
supporting workforce diversity practices among employers. 

3. Implementation 

a) What Member States and Social Partners can do 

47  Directives  on:  Family  reunification,  Blue  Card,  ,  Researchers,  Students,  Single  Permit  (covering  equal  treatment  with 
national for most third country workers admitted under national laws and complementing  the coverage of those admitted 
to family reunification, study and research), Qualification as a beneficiary of international protection, seasonal workers and 
intra-corporate transferees. 

EN 

18 

 
 
 
 
                                                            
 
Member States are responsible for transposing and enforcing rules adopted at EU level. Given that 
EU  measures  set  out  above  contain  minimum  standards,  Member  States  are  invited  to  go  beyond 
these rules in order to give effect to this principle. In addition, Member States are invited to continue 
making progress on negotiations relating to the proposed new Equal Treatment Directive to achieve 
its  swift  adoption.  Through  their  National  Equality  Bodies,  Member  States  can  promote  equal 
opportunities for under-represented groups and assist victims of discrimination on the ground.  

At  EU  level,  social  partners  can  collect  and  exchange  good  practices  across  the  EU  e.g.  on 
management  practices  developed  on  the  basis  of  social  dialogue.  Nationally,  social  partners  can 
support the implementation of this principle via collective bargaining and through involvement in the 
design and implementation of relevant policies.   

Good practice in the spirit of the Pillar 

In  the  Netherlands,  a  Ministerial  Decree  regarding  the  general  duty  to  realize  accessibility  for 
persons with disabilities as provided for in the Disability Discrimination Act (DDA) came into force in 
June  2017.    These  provisions  constitute  an  important  step  towards  realising  more  general 
accessibility  for  persons  with  disabilities 
in  addition  to  the  duty  to  provide  reasonable 
accommodation in individual cases. 

In  Greece,  a  law  was  introduced  in  the  Greek  legal  order  in  September  2017.  The  new  legislation 
includes a series of reforms designed to promote the equal treatment of persons with disabilities, the 
full enjoyment of their fundamental rights, and to facilitate their lives and daily routine. 

In Portugal, in July 2017, the Portuguese Parliament passed a law, which sets up the legal regime of 
prevention,  prohibition  and  fight  against  discrimination  on  the  ground  of  race/ethnic  origin, 
nationality, ancestry and territory of origin. The law repealed and updated the former legal regime of 
non-discrimination on the ground of race and ethnic origin. 

b) Recent and ongoing initiatives at EU level  

The Commission will continue its work to ensure that the proposed new Equal Treatment Directive is 
adopted. This will expand protection against discrimination based on religion or belief, disability, age 
or sexual orientation48 to cover social protection, including: social security and healthcare; education; 
social  advantages;  and  access  to  goods  and  services  which  are  available  to  the  public,  including 
housing.  

The EU is providing support to intermediaries such as  NGOs, social partners and equality bodies to: 
improve  their  capacity  to  combat  discrimination;  support  the  development  of  equality  policies  at 
level;  encourage  the exchange  of  good  practices between  EU  countries;  and  push 
national 
for business-oriented  diversity  management  as  part  of  a  strategic  response  to  a  more  diversified 
society, customer base, market structure and workforce.  

48  Proposal  for  a  Council  Directive  on  implementing  the  Principle  of  equal  treatment  between  persons  irrespective  of 
religion or belief, disability, age or sexual orientation {SEC(2008) 2180} {SEC(2008) 2181}. 

19 

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In August 2017, the Commission published the midterm review49 of the EU Framework for National 
Roma Integration Strategies taking stock of progress since its launch in 2011. 

The  European  Union  Agency  for  Fundamental  Rights,  one  of  the  EU's  decentralised  agencies,  
supports  the  work  of  the  Commission,  Member  States  and  social  partners  in  the  area  of  equal 
opportunities and non-discrimination. 

The  European  Network  for  Rural  development  has  a  thematic  working  group  on  social  inclusion 
which  collects  good  practices  on  social  inclusion  in  rural  areas  with  a  particular  focus  on  women, 
young people, people of Roma ethnic origin and third country nationals. 

49 Communication from the Commission on the Midterm review of the EU Framework for National Roma 
Integration Strategies, COM (2017) 458 final of 30 August 2017 

20 

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Principle 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.  

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article  14  of  the  Charter  gives  everyone  the  right  to  education  and  to  access  vocational  and 
continuing training. Article 29 of the Charter guarantees everyone the right to access job placement 
service  free  of  charge.  Article  34  of  the  Charter  states  that  the  EU  recognises  and  respects  the 
entitlements  to  social  security  and  social  services  that  provide  protection  in  cases  such  as  loss  of 
employment. 

b) EU legislative powers and their limits 

Article 147 TFEU requires the EU to support a high level of employment by encouraging cooperation 
between Member States and by supporting and, if necessary, complementing their actions. In doing 
so, the competences of Member States must be respected.  Article 153(2) TFEU empowers the EU to 
adopt  legislative  measures  to  support  and  complement  Member  State  activity  to  integrate  people 
who have been excluded from the labour market. Article 166 TFEU empowers the EU to implement a 
vocational  training  policy  which  supports  and  supplement  actions  by  Member  States,  while  fully 
respecting their responsibility for the content and organisation of vocational training. 

c) Existing measures in this field 

The  EU  and  its  Member  States  together  pursue  the  European  Employment  Strategy,  which  sets 
common objectives and targets for employment policy and aims to create more jobs and better jobs 
throughout  the  EU.50  The  core  of  the  strategy  includes  the  need  to  coordinate  Member  States' 
actions to assist unemployed people in finding work.  

50  See,  for  example,  Council  Decision  (EU)  2015/1848  of  5  October  2015  on  guidelines  for  the  employment  policy  of  the 
Member States for 2015, OJ 268, 15.10.2015, p.28. 

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Council Recommendation of 22 April 2013 on establishing a Youth Guarantee51 (the Youth Guarantee 
Recommendation)  calls  on  Member  States  to  ensure  that,  within  a  period  of  four  months  of 
becoming unemployed or leaving formal education, all young people under the age of 25 receive a 
good-quality offer of employment, continued education, an apprenticeship or a traineeship.   

Council Recommendation of 15 February 2016 on the integration of the long-term unemployed into 
the labour market52 recommends that long-term unemployed people are offered in-depth individual 
assessments  and  guidance  and  a  job-integration  agreement  comprising  an  individual  offer  and  the 
identification of a single point of contact. These should be offered, at the very latest, when a person 
has been unemployed for 18 months.   

Commission  Recommendation  2008/867/EC  of  3  October  2008  on  the  active  inclusion  of  people 
excluded from the labour market53 sets out an integrated, comprehensive strategy to actively include 
those excluded from the labour market, combining adequate income support, encouraging inclusive 
labour markets and supporting access to quality services. 

The  Entrepreneurship  2020  action  plan54  sets  out  a  vision  and  concrete  measures  to  support 
entrepreneurial spirit in Europe. Measures to support self-employment at EU level also aim to reach 
those  segments  of  the  population  whose  entrepreneurial  potential  is  not  yet  fully  exploited,  in 
particular among women (who represent only 29% of entrepreneurs in Europe). Dedicated actions to 
develop  social  entrepreneurship  were  proposed  by  the  Expert  Group  on  Social  Entrepreneurship 
(GECES) report55, which was adopted in 2016.   

The  European  Network  of  Public  Employment  Services  (PES),  established  through  the  Decision  No 
573/2014/EU56  of  the  European  Parliament  and  Council,  provides  a  platform  to  compare  PES 
performance at European level, identify good practice and encourage mutual learning to strengthen 
active support services. 

The  European  Network  of  Employment  Services  (EURES),  re-established  under  Regulation  (EU) 
2016/589,57 aims to improve the functioning, cohesion and integration of labour markers in the EU, 
including at cross-border level. 

With its EUR 86 billion budget for the 2014-2020 period, the European Social Fund (ESF) is the main 
financial instrument for investing in employment and improving job prospects for Europe’s people, 

51  Council Recommendation of 22 April 2013 on establishing a Youth Guarantee, OJ C120, 26.4.2013, p.1. 
52 Council Recommendation of 15 February 2016 on the integration of the long-term unemployed into the labour market OJ 
C 67, 20.2.2016, p.1. 
53  Commission  Recommendation  2008/867/EC  of  3  October  2008  on  the  active  inclusion  of  people  excluded  from  the 
labour market, OJ L307, 18.11.2008, p.11. 
54 COM(2012) 795 final 
55 http://ec.europa.eu/growth/sectors/social-economy/enterprises/expert-groups_en 
56  Decision  No  573/2014/EU  of  the  European  Parliament  and  of  the  Council  of  15  May  2014  on  enhanced  cooperation 
between Public Employment Services (PES) OJ L 159, 28.5.2014, p. 32. 
57  Regulation  (EU)  2016/589  of  the  European  Parliament  and  of  the  Council  of  13  April  2016  on  a  European  network  of 
employment  services  (EURES),  workers'  access  to  mobility  services  and  the  further  integration  of  labour  markets,  and 
amending Regulations (EU) No 492/2011 and (EU) No 1296/2013, OJ L 107, 22.4.2016, p. 1. 

22 

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including the most vulnerable, such as job seekers, inactive people, long-term unemployed. The ESF 
thematic  objectives  supporting  sustainable  and  quality  employment  and  labour  mobility  has 
allocated 28.2 billion EUR, together with the 8.8 billion EUR under the Youth Employment Initiative. 
Self-employment,  entrepreneurship  and  business  creation  are  among  the  actions  eligible  for  ESF 
support58. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar establishes a set of rights for all jobseekers, regardless of their employment status. Its focus 
in these areas is on providing assistance to find work. This can include employment services, such as 
job-search  counselling  and  guidance,  or  participation  in  'active  measures',  such  as  training,  hiring 
subsidies  or  re-insertion  support.  These rights go  beyond  Article  29  of  the Charter  of  Fundamental 
Rights,  which  refers  only  to  the  right  to  a  free  placement  service.  Assistance  in  becoming  self-
employed is also a significant extension of the existing legislation in this area. 

Three elements are central to these rights: early intervention, individualised assistance and support 
in improving employability.  This last element – based on a right to receive support for training or for 
obtaining new qualifications – is crucial to help people adapt to a rapidly changing labour market. 

Today’s  workers  change  jobs  more  frequently  than  in  the  past,  and  training  or  social  protection 
entitlements  already 
in  place  should  not  discourage  such  mobility.  The  Pillar  affirms  the 
transferability  of  workers’  accrued  training  or  social  protection  entitlements  when  they  change 
employment  status  or  employer,  including  entering  or  returning  from  career  breaks  or  moving 
between employment and self-employment. 

The  Pillar  reiterates  the  main  lines  of  the  Youth  Guarantee  Recommendation,  extending  these  so 
they apply to all young people. 

The  Pillar  also  provides  for  a  right  to  personalised  support  for  unemployed  people,  which  includes 
the ideas of individualised in-depth assessment, counselling and guidance. There must be continuity 
in support e.g. when eligibility for unemployment benefits ends, other support such as social services 
should be engaged to address barriers to people finding work. For those in long-term unemployment 
(unemployment lasting more than 12 months), the Pillar provides for a right to personalised support, 
which includes individualised in-depth assessment and the job integration agreement referred to in 
Council Recommendation of 15 February 2016 on the integration of the long-term unemployed into 
the labour market. 

3. Implementation    

a) What Member States and Social Partners can do 

Member  States  are  responsible  for 
implementing  the  guidelines  and  recommendations  on 
employment strategy which have been  agreed at EU level.  To give effect to the Principle,  Member 

58 Regulation 1304/2013 on the European Social Fund (ESF). 

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States  are  invited to  update and  extend their  practices  in providing assistance to  find  employment 
and self-employment and, in addition, to encourage measures to protect workers’ training and social 
protection entitlements when they change work. 

At EU level, social partners are consulted in accordance with Article 154 TFEU on possible initiatives 
based on Article 153 TFEU, and can sign agreements which may be implemented at EU level at their 
request  in  accordance  with  Article  155  TFEU.  Social  partners  can  also  collect  and  exchange  good 
practices across the EU. Nationally, social partners can support the implementation of this principle 
via collective bargaining and through their involvement in the design and implementation of relevant 
policies.   

Good practice in the spirit of the Pillar 

In Malta in April 2017, the Public Employment Service launched an 'Investing in Skills' scheme. The 
scheme,  financed  by  European  Social  Fund  assists  employers  in  training  staff  and  includes  training 
abroad. Its objective is to increase the productivity and adaptability of workers in Malta. To this end, 
a comprehensive set of training in digital skills, personnel development and skills for specific sectors 
are offered. 

In  Spain  the  Employment  Activation  Strategy  2017-2020  approved  in  December  2017  reinforces 
previous  measures  with  a  stronger  focus  on  results.  Notably,  it  includes  measures  to  reinforce 
training  and  support  for  long-term  unemployed  (LTU),  people  over  50  years  and  low-skilled  young 
people without training. In addition, it will promote the modernisation and coordination of the public 
employment  service,  including  a  results-based  evaluation,  and  an  improvement  of  the  Vocational 
Education  and  Training  System,  especially  the  Dual  Training.  The  resources  will  be  allocated  to  the 
regions on the basis of performance measured in terms of sustainable labour market integration. 

In  Portugal,  the  implementation  of  one-stop  shops  for  Public  Employment  Services  and  Social 
Services is planned in the first quarter of 2018. The planned Contrato-Geracao addresses long-term 
unemployed  in  the  form  of  cumulative  incentives  for  the  simultaneous  recruitment  of  young 
unemployed people (or the ones searching for their first job) and the long-term unemployed, aiming 
to focus support on the ones with greatest difficulty in entering or returning to the labour market. 

b)  Recent and ongoing initiatives at EU level 

The implementation of the Youth Guarantee has been assessed in the October 2016 Communication 
“The  Youth  Guarantee  and  Youth  Employment  Initiative  three  years  on”59.    In  its  December  2016 
Communication  "Investing  in  Europe's  Youth"60,  the  Commission  proposed  new  actions  to  support 
youth employment and create more opportunities for young people.  

59 COM(2016) 646 final. 
60 COM(2016) 940 final. 

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24 

 
 
 
 
                                                            
To ensure the full and sustainable implementation of the Youth Guarantee, the budget for the Youth 
Employment Initiative was increased by EUR 1.2 billion, spread over four years (2017-2020), matched 
by EUR 1.2 billion from existing European Social Fund allocations. 

The  Commission  is  presenting  a  proposal  on  "Access  to  Social  Protection  for  workers  and  the  self-
employed", as part of the "Social Fairness Package". The initiative aims to support all self-employed 
and non-standard workers who, due to their contract type or employment status, are not sufficiently 
protected by social security schemes regarding unemployment, sickness and healthcare, maternity or 
paternity,  accidents  at  work  and  occupational  diseases,  disability  and  old-age.  The  initiative,61 
addresses gaps in access to social protection faced by people employed on non-standard contracts 
and  in  various  forms  of  self-employment  as  well  as  the  means  to  make  rights  transferable  and 
transparent when changing employer, contract type or transitioning from or into self-employment.  

In 2017, the Commission adopted a legislative proposal for the European Solidarity Corps to create 
new  opportunities  for  volunteering,  traineeships  or  work  placements  for  young  people.  It  should 
consolidate  and  ensure  a  firm  legal  basis  for  such  placements.  The  proposal  is  currently  being 
negotiated between the European Parliament and the Council.  

The  European  Network  of  Employment  Services  (PES  Network)  is  implementing  the  Benchlearning 
project, which aims to improve the public employment services' performance, linking indicator-based 
benchmarking  with  mutual  learning  to  better  provide  active  support  for  job  seekers.  The  2017 
Commission Report on enhanced cooperation between public employment services62 evaluated how 
this has been implemented to date.  

In June 2016, the European Commission proposed actions to support Member States in integrating 
third-country  nationals  in  a  number  of  areas,  including  labour  market  and  access  to  vocational 
training  as  part  of  the  Action  Plan  on  the  Integration  of  Third-Country  Nationals.63  Some  of  these 
actions  are  also  set  out  in  the  New  Skills  Agenda  for  Europe  (e.g.  the  skills  profile  tool  for  third 
country nationals, launched in 2017).  

61 C(2017) 2610. 
62 COM(2017) 287 final. http://ec.europa.eu/social/BlobServlet?docId=17834&langId=en 
63 COM(2016) 377 final. 

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Chapter II – Fair working conditions 

Principle 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. 

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article 31 of the Charter, entitled 'Fair and just working conditions', gives every worker the right to 
working conditions that respect his or her health, safety and dignity. Article 34 of the Charter affirms 
respect  for  the  entitlement  to  social  security  benefits  and  social  services  providing  protection  in 
cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of 
employment, in accordance with the rules laid down by EU and national laws and practices.   

b) EU legislative powers and their limits 

Article 153(2) of the Treaty on the Functioning of the European Union (TFEU) empowers the EU to 
adopt measures to support and complement the activities of Member States inter alia in the areas of 
working conditions, social security and social protection of workers. Directives adopted on the basis 
of Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in a way that 
would hold back the creation and development of small and medium-sized businesses. Article 153(4) 
states that any acts adopted under Article 153 shall not affect the right of Member States to define 
the  fundamental  principles  of  their  social  security  systems  and  must  not  significantly  affect  the 
financial equilibrium thereof. 

Article 162 TFEU states that the European Social Fund shall aim to increase inter alia the geographical 
and  occupational  mobility  of  workers  within  the  EU,  and  to  help  their  adaptation  to  industrial 
changes and to changes in production systems. 

EN 

26 

 
 
 
 
 
Article  166  TFEU  states  that  the  EU  shall  implement  a  vocational  training  policy.  This  policy  must 
support and supplement the vocational training policy of Member States. At the same time, it must 
fully respect the responsibility of the Member States for the content and organisation of vocational 
training. 

c) Existing measures in this field 

Three  Directives  have  already  been  enacted  to  protect  workers  working  under  non-standard 
employment  relationships:  the  Framework  Agreement  on  part-time  work  concluded  by  social 
partners (UNICE, CEEP and the ETUC) and annexed to Council Directive 97/81/EC64. It protects part-
time workers from being treated less favourably than comparable full-time workers. It also requires 
employers to give consideration to requests by workers to transfer from full-time work to part-time 
work  or  vice-versa.  The  Framework  Agreement  on  fixed-term  work  was  also  concluded  by  social 
partners  (ETUC,  UNICE  and  CEEP)  and  annexed  to  Council  Directive  1999/70/EC65.  This  agreement 
protects fixed-term workers from being treated less favourably than comparable permanent workers 
and requires  Member States to take measures to prevent abuse  arising from the use of successive 
fixed-term  contracts.  Directive  2008/104/EC  of  the  European  Parliament  and  of  the  Council66  on 
temporary  agency  work  establishes  equal  treatment  in  the  essential  conditions  of  work  of 
employment  between  temporary  agency  workers  and  workers  directly  recruited  by  the  user 
company.  

In addition, Council Directive 91/533/EEC67 (the Written Statement Directive) gives workers the right 
to be notified in writing of the essential aspects of their employment relationship at the latest two 
months after the employment started.   

The Commission supports innovative business models that help people in the EU enter employment, 
make work flexible and create new sources of income.68  

The  Entrepreneurship  2020  action  plan69  sets  out  a  vision  and  concrete  measures  to  foster  the 
entrepreneurial spirit in Europe. Measures to support self-employment at EU level also aim to reach 
groups  of  people  whose  entrepreneurial  potential  is  not  yet  fully  exploited.  This  is  particularly  the 
case for women, who represent only 29% of entrepreneurs in Europe. Dedicated actions to develop 

64 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by 
UNICE, CEEP and the ETUC, OJ L14, 20.1.1998, p.9.  
65 Council Directive 1999/70/EC of 28 June 1999 concerning the Framework Agreement on fixed-term work concluded by 
UNICE, CEEP and the ETUC, OJ L175, 10.7.1999, p.43.  
66 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work, 
OJ L327, 5.12.2008, p.9. 
67  Council  Directive  91/533/EEC  of  14  October  1991  on  an  employer’s  obligation  to  inform  employees  of  the  conditions 
applicable to the contract or employment relationship, OJ L 288, 18.10.1991, p.32. 
68 See in this respect the Communication on A European agenda for the collaborative economy of 2.6.2016, COM(2016) 356 
final. 
69 Communication from the Commission, Entrepreneurship  2020 Action Plan, COM(2012) 795 final, 9.1.2013. 

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social  entrepreneurship  were  proposed  by  the  Expert  Group  on  Social  Entrepreneurship  (GECES) 
report70 adopted in 2016.   

Promoting  greater  mobility  of  workers  (both  geographical  and  occupational)  in  a  fair  way  is  an 
objective  of  both  the  European  Network  of  Public  Employment  Services  (PES),  established  through 
the Decision No 573/2014/EU  of the European Parliament and Council, and of the EURES Network 
established through the Regulation (EU) 2016/589 of the European Parliament and of the Council of 
13 April 2016 on a European network of employment services (EURES), workers' access to mobility 
services and the further integration of labour markets.  

Labour  mobility  is  encouraged  and  supported  by  the  European  Social  Fund  under  its  thematic 
objective 8 on employment and labour mobility, including at transnational level71. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  reflects  the  challenges  posed  by  the  changing  world  of  work  and  new  forms  of 
employment.  It  endorses  diversity  of  employment  relationships,  entrepreneurship  and  self-
employment.  But  it  also  establishes  safeguards  to  prevent  abuse  that  can  lead  to  precarious 
employment relationships. It also lays down certain guarantees to ensure workers can access training 
and social security throughout the course of their career.  

The  Pillar  extends  the  guarantee  of  equal  treatment  beyond  the  three  forms  of  employment 
relationships  (part-time,  fixed-term  and  agency  work)  currently  covered  by  existing  EU  law  in  this 
area.  It  provides  for  equal  treatment  between  workers  irrespective  of  the  type  of  employment 
relationship.  It also supports transitions towards open-ended employment relationships. 

The  Pillar  recognises  the  necessary  flexibility  for  employers  to  adapt  swiftly  to  changes  in  the 
economy. Such adaptations can for instance include differential treatment on objective grounds or 
adaptations  in  working  conditions  to  avoid  excessive  job  losses  during  downturns.  Changes  that 
employers make to working conditions cannot be unilateral and need to be circumscribed within the 
limits of existing legislation and collective bargaining agreements.  

The  Pillar  also  extends  the  material  scope  of  the  equal  treatment  principle  to  guarantee  access  to 
social protection and to training. The principle ensures equal treatment in accessing statutory social 
security. Current EU rules (for part-time and fixed-term work) require employers to faciliate access to 
training. The Pillar principle goes beyond this and requires equality of treatment in access to training.  

However, equal treatment may not always be sufficient to prevent precarious employment. The Pillar 
principle therefore explicitly prohibits abuse. It goes beyond existing EU law to prohibit both abuse of 
employment relationships leading to precariousness and unreasonably long probation periods point. 

70 http://ec.europa.eu/growth/sectors/social-economy/enterprises/expert-groups_en 
71 Regulation 1304/2013 on the European Social Fund (ESF) 

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Measures to prevent this abuse can include differential taxation of employment relationships leading 
to precariousness or the establishment of bonus malus systems for the social security contributions.  

The  Pillar  underlines  the  importance  of  supporting  emerging  business  models,  innovative  forms  of 
work, entrepreneurship and self-employment. In general, new business models have the potential to 
create opportunities. They can facilitate entry into employment, work flexibility and new sources of 
income.  But  support  for  new  business  models  should  be  premised  on  a  requirement  for  quality 
working  conditions.  Maximising  the  employment  impact  of  such  new  business  models  requires 
greater  occupational  mobility.  Occupational  mobility  can  be  increased  by  improving  access  to 
vocational  tranining  and  re-qualification  and  a  social  protection  system  that  fosters  and  facilitates 
career changes. 

3. Implementation  

a) What Member States and Social Partners can do 

Each  Member  State  may  define  the  balance  between  security  and  flexibility  on  its  labour  market 
differently. To give effect to the provisions of the Pillar, Member States are nevertheless invited to 
ensure that their employment and social rules are adapted to the emergence of new forms of work, 
in addition to transposing and enforcing rules adopted at EU level.  

At  EU  level,  social  partners  are  to  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives envisaged under Article 153 TFEU. They can sign agreements which can be implemented at 
EU level in accordance with Article 155 TFEU upon their request. Social partners may also collect and 
exchange good practices across the EU. Nationally, social partners can support the implementation of 
this Principle via collective bargaining and through involvement in the design and implementation of 
relevant policies.  

Good practice in the spirit of the Pillar 

In  Finland  the  government  has  submitted  a  proposal  to  Parliament  on  legislation  concerning 
employees  with  alternating  working  hours.  The  possibility  to  agree  on  alternating  working  hours 
would  be  restricted  to  jobs  characterised  by  a  highly  fluctuating  amount  of  work.  Moreover,  the 
employer  would be required  to  inform  the  employees  in which  situations  they  will be  called on  to 
work.  The  employee’s  right  to  paid  sick  leave  and  paid  notice  period  would  be  guaranteed.  When 
planning the work schedule, the employer shall give employees who work alternating working hours 
the opportunity to state how much and under what circumstances s/he will be available to work, in 
case the employer plans to offer the employee more work than the agreed minimum amount. The 
amendments shall enter into force on 1 June 2018. 

In Belgium a law on workable and flexible work was adopted in March 2017 aiming to facilitate more 
flexibility for employers and employees alike and simplify the combination of work and private  life. 
Working  time  can  now  be  set  on  an  annual  basis,  the  use  of  overtime  has  been  relaxed,  the 

EN 

29 

 
 
 
 
formalities  for  part-time  work  have  been  simplified  and  a  legal  framework  for  occasional  telework 
has  also  been  created.  At  the  sectoral  level,  the  social  partners  now  have  the  option  of  further 
adapting  working  hours  and  of  further  fine-tuning  the  relationship  between  employers  and 
employees (through employer groups or through open-ended temporary employment).  

b)  Recent and ongoing initiatives at EU level 

Following  a  two-stage  consultation  of  the  social  partners    on  the  revision  of  Directive  91/533/EEC 
(the Written Statement Directive), the Commission proposed in December 2017 a new Directive for 
more  transparent  and  predictable  working  conditions  across  the  EU72.  The  proposal  complements 
and  modernises  existing  obligations  to  inform  each  worker  of  his  or  her  working  conditions.  In 
addition, the proposal creates new minimum standards to ensure that all workers, including those on 
atypical contracts, benefit from more predictability and clarity as regards their working conditions.   

The Commission is presenting a proposal for a recommendation on "Access to Social Protection for 
workers  and  the  self-employed"  as  part  of  the  "Social  Fairness  Package",  The  proposed 
recommendation aims at supporting all self-employed and non-standard workers who, due to their 
contract  type  or  employment  status,  are  not  sufficiently  protected  by  social  security  schemes 
regarding  unemployment,  sickness  and  healthcare,  maternity  or  paternity,  accidents  at  work  and 
occupational diseases, disability and old age. The proposed recommendation,73 seeks to address gaps 
in  access  to  social  protection  faced  by  people  employed  on  non-standard  contracts  and  in  various 
forms of self-employment. It also seeks to make rights transferable and transparent when changing 
employer or contract type, or when transitioning to self-employment. 

The  Commission  is  also  putting  forward  a  proposal  for  a  European  Labour  Authority  as  part  of  the 
"Social  Fairness  Package".  Under  this  proposal,  the  Authority  will  aim  to  strengthen  fairness  and 
efficiency  in  the  European  labour  market  by  facilitating  cross-border  labour  mobility.  It  will  help 
Member  States  ensure  that  workers'  and  citizens'  rights  to  equal  treatment  and  opportunities 
regarding employment and social protection are guaranteed in cross-border situations. 

In 2018, the Commission expects to complete a REFIT evaluation of the Directives which give effect 
to the Social Partner Framework Agreements on fixed-term and part-time work. 

As  part  of  the  Pillar  Package,  the  Commission  adopted  an  Interpretative  Communication  on  the 
Working Time Directive74 setting out the Directive's provisions together with the key judgments in an 
accessible format. Its aim is to make the rights and obligations arising from the Directive clearer and 
more intelligible.  

72 COM/2017/0797 final - 2017/0355 (COD) 
73 C(2017) 2610. 
74 Interpretative Communication on Directive 2003/88/EC of the European Parliament and of the Council concerning certain 
aspects of the organisation of working time, C/2017/2601, OJ C 165, 24.5.2017, p. 1–58. 

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Eurofound, the European Foundation for the Improvement of Living and Working Conditions, is also 
active in supporting implementation. As one of the EU's decentralised agencies, it supports the work 
of the Commission, Member States and social partners on working conditions, sustainable work and 
industrial  relations.  It  monitors  structural  change  and  manages  restructuring,  focusing  also  on 
opportunities and challenges in the digital age. 

EN 

31 

 
 
 
 
 
 
Principle 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.  

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article 31 of the Charter, entitled 'Fair and just working conditions', gives every worker the right to 
working conditions which respect his or her health, safety and dignity. 

b) The legislative powers and their limits 

 Article 153(5) TFEU provides that the provisions of Article 153 TFEU shall not apply to pay.  

Article 145 TFEU, requires the EU and the Member States to work towards developing a coordinated 
strategy  for  employment.    Article  147  TFEU  requires  the  EU  to  contribute  to  a  high  level  of 
employment  by  encouraging  cooperation  between  Member  States  and  by  supporting  -  and  if 
necessary  complementing  -  their  action.  In  doing  so,  the  competences  of  Member  States  shall  be 
respected.   

c) Existing measures in this field 

The  EU  and  its  Member  States  together  pursue  the  European  Employment  Strategy.  This  includes 
monitoring wage and minimum-wage developments and the underlying wage-setting mechanisms.75 
Trends in labour costs, including their wage component, are also monitored under the EU economic 
policy coordination process under Articles 120 and following TFEU. As provided for in Art 136 (1) (b) 
TFEU, economic policy recommendations are also addressed to the euro area, and this may include 
the  monitoring  of  labour  costs.76  The  surveillance  under  Regulation  (EU)  No  1176/201177  of  the 
European Parliament and of the Council of 16 November 2011 on the prevention and correction of 
macroeconomic  imbalances  includes  the  monitoring  of  competitiveness  developments,  including 
labour costs. 

75  See,  for  example,  Council  Decision  (EU)  2015/1848  of  5  October  2015  on  guidelines  for  the  employment  policy  of  the 
Member States for 2015, OJ 268, 15.10.2015, p.28. 
76 See, for example, the Council Recommendation of 17 January 2018 on the economic policy of the euro area, p. 4. 
77 OJ L 306, 23.11.2011, p. 25. 

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Commission  Recommendation  2008/867/EC78  of  3  October  2008  sets  out  an 
integrated, 
comprehensive strategy for the active inclusion of those excluded from the labour market, including 
the promotion of quality work, in particular for pay and benefits, with a view to preventing in-work 
poverty. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  sets  out  the  right  to  fair  wages  providing  for  a  decent  standard  of  living  for  all  workers. 
Comparable  rights  are  already  included  in  the  1989  Community  Charter  of  the  Fundamental  Social 
Rights  of  Workers,79  (one  of  the  sources  of  Title  X  on  Social  Policy  of  the  TFEU),  as  well  as  in  the 
(revised) European Social Charter.   

The Pillar foresees a level of the minimum wage that takes into consideration both (i) the needs of 
workers and their families and (ii) social factors such as the evolution of the standards of living and 
(iii) economic factors, which include the need to keep wage developments in line with productivity 
developments  to  safeguard  access  to  employment  of  the  most  vulnerable  workers.  The  Pillar 
recognises  the  role  of  minimum  wages  in  combatting  poverty,  while  avoiding  employment  traps. 
Minimum  wages  boost  the  incomes  of  poor  families  and  provide  fair  compensation  from  work  for 
those on low incomes, increasing their incentives to work. Other measures may include (i) reducing 
the  tax  burden  on  low-wage  earners  and  their  families,  and  (ii)  supplementing  income  from  work 
with effective social benefits. 

The  Pillar  requires  that  all  wages  are  set  in  a  transparent  and  predictable  way,  in  full  respect  of 
national practice,  notably  as concerns the right to collective bargaining of social partners and their 
autonomy. On minimum wages, most Member States have a national statutory minimum wage. This 
is  a  regulatory  instrument  making  a  single  wage  floor  legally  binding  for  all  employees.  A  few 
Member  States  do  not  have  a  statutory  minimum  wage  and  different  wage  floors  are  set  by  the 
social partners through collective agreements, often at sector level. The Pillar does not challenge in 
any  way  this  diversity  of  practices  and  recognises  the  autonomy  of  the  social  partners.  Within  this 
context, transparency means that well-established consultation procedures should be followed when 
setting  the  minimum  wage.  This  procedure  should  lead  to  consensus  between  relevant  national 
authorities  and  the  social  partners,  and  possibly  build  on  input  from  other  stakeholders  and 
independent experts. In addition, the Pillar calls for ensuring the predictability of wage decisions, for 
example through the definition of rules such as adjustment to the cost of living for minimum wages.  

3. Implementation    

a) What Member States and Social Partners can do 

78 OJ L307, 18.11.2008, p.11. 
79 The Community Charter of Fundamental Social Rights of Workers - December, 9th 1989. 

33 

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Member States and the social partners are responsible for the definition of wage and minimum wage 
developments  in  accordance  with  their  national  practices,  as  set  in  their  collective  bargaining  and 
minimum-wage-setting systems. They are invited to give effect to the provisions of the Pillar through 
transparent  minimum-wage-setting  mechanisms  and  effective  collective  bargaining  at  national, 
sector  and  firm  level.  They  are  also  invited  to  take  complementary  measures  to  avoid  in-work 
poverty.  

Furthermore, Member States may ratify (if they have not already done so) and apply (i) ILO N° 131 
Convention  on  minimum-wage  fixing  and  (ii)  Convention  N°  154  on  the  promotion  of  collective 
bargaining.  

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives  based  on  Article  153  TFEU,  and  can  sign  agreements  which  may  be  implemented  at  EU 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange good practices across the EU. Nationally, social partners can support the implementation of 
the Pillar through collective bargaining and through involvement in the design and implementation of 
relevant policies.  

Good practice in the spirit of the Pillar 

In Germany important steps were taken to support adequate minimum wages with the introduction 
of a statutory minimum wage in 2015 and the increase of this minimum wage in January 2017. 

b)  Recent and ongoing initiatives at EU level 

Minimum  wages  and  other  measures  to  address  in-work  poverty,  as  well  as  more  general  issues 
related  to  wage  developments  are  addressed  in  Country  Specific  Recommendations  within  the 
European Semester process.  

EN 

34 

 
 
 
 
 
Principle 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, 
including  adequate 
compensation. 

in  case  of  unjustified  dismissal,  a  right  to  redress, 

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article 27 of the Charter gives every worker the right to be guaranteed information and consultation 
in good time and at the appropriate levels, in the cases and under the conditions provided for by EU 
law and national laws and practices. Article 30 of the Charter lays down the right for every worker to 
be protected against unjustified dismissal, in accordance with EU law and national laws and practices. 
Article  47  of  the  Charter  guarantees  an  effective  remedy  to  everyone  whose  rights  and  freedoms 
guaranteed by EU law are violated. 

b) EU legislative powers and their limits 

Under  Article  153(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  the  EU  is 
empowered  to adopt measures to support and complement the activities of Member States in the 
fields  of  inter  alia  working  conditions,  protection  of  workers  where  their  employment  contract  is 
terminated, and information and consultation of workers. Directives adopted on the basis of Article 
153  TFEU  must  avoid  imposing  administrative,  financial  and  legal  constraints  in  a  way  that  would 
hold back the creation and development of small and medium-sized businesses.  

c) Existing measures in this field 

Council  Directive  91/533/EEC80  (the  Written  Statement  Directive)  gives  workers  the  right  to  be 
notified in writing of the essential aspects of their employment relationship, at the latest two months 
after  the  employment  started.  It  does  not  contain  specific  obligations  in  relation  to  probation 
periods. The Written Statement Directive requires an employer to notify an employee of the length 
of  the  periods  of  notice  to  be  observed  should  their  contract  or  employment  relationship  be 
terminated. Where this cannot be indicated at the time when the information is given, it requires the 
employer to notify the employee of the method for determining such periods of notice.  

80  Council  Directive  91/533/EEC  of  14  October  1991  on  an  employer’s  obligation  to  inform  employees  of  the  conditions 
applicable to the contract or employment relationship, OJ L 288, 18.10.1991, p.32. 

35 

EN 

 
 
 
 
 
                                                            
Directive 2001/23/EC81, which regulates workers' rights in the case of transfer of undertakings, states 
that the transfer of an undertaking does not in itself constitute valid grounds for dismissal. Council 
Directive  92/85/EEC82  on  maternity  protection  and  the  revised  Framework  Agreement  on  parental 
leave  concluded  by  social  partners  (BusinessEurope,  UEAPME,  CEEP  and  ETUC)  are  annexed  to 
Council  Directive  2010/18/EU83.  These  two  instruments    provide,  respectively,  specific  protection 
against  dismissal  for  women  during  their  pregnancy  and  for  parents  taking  paternity  or  adoption 
leave.  Council  Directive  2000/78/EC84  (the  Employment  Equality  Directive)  on  equal  treatment  in 
employment  and  occupation  protects  workers  against  dismissal  where  there  is  discrimination  on  a 
prohibited  ground,  including  victimisation.  Protection  against  unfavourable  treatment  is  also 
provided under EU law through the Part-time Work Directive85, the Gender Equality Directive,86  the 
Directive  on  equal  treatment  between  men  and  women  engaged  in  an  activity  in  a  self-employed 
capacity87 and the Parental Leave Directive,88 and has been reinforced by the case-law of the Court of 
Justice of the EU. 

Council  Directive  98/59/EC89  on  collective  redundancies  requires  employers  to  inform  and  consult 
workers' representatives and to notify public authorities prior to collective redundancies.  

The Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships90 aims to 
enhance  the  quality  of  traineeships,  providing  quality  elements  that  are  directly  transferable  to 
national  legislation  or  social  partner  agreements.  They  relate  in  particular  to  learning  content, 
working conditions, and transparency regarding financial conditions and hiring practices.  

2. Scope and changes introduced by the European Pillar of Social Rights 

81 Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the 
safeguarding  of  employees'  rights  in  the  event  of  transfers  of  undertakings,  businesses  or  parts  of  undertakings  or 
businesses, OJ L 82, 22.3.2001, p.6. 
82  Council  Directive  92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to  encourage  improvements  in  the 
safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, OJ L 348 of 
28.11.1992, p. 1. 
83  Council  Directive  2010/18/EU  of  8  March  2010  implementing  the  revised  Framework  Agreement  on  parental  leave 
concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC, OJ L68, 18.3.2010, p.13. 
84  Other  EU  anti-discrimination  directives  (such  as  Directive  2006/54/EC  or  Directive  2000/43/EC)  also  provide  specific 
protection against unfair dismissal. 
85 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by 
UNICE, CEEP and the ETUC, OJ L14, 20.1.1998, p.9. 
86  Directive  2006/54/EC  of  the  European  Parliament  and  of  the  Council  of  5 July  2006  on  the  implementation  of  the 
Principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) 
OJ L 204, 26.7.2006, p. 23. 
87 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the Principle of 
equal treatment between men and women engaged in an activity in a self-employed capacity, OJ L 180, 15.7.2010, p.1. 
88  Council  Directive  2010/18/EU  of  8  March  2010  implementing  the  revised  Framework  Agreement  on  parental  leave 
concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC, OJ L 68, 18.3.2010, p. 13. 
89 Council Directive 98/59/EC on the approximation of the laws of the  Member States relating to collective redundancies, 
OJ L 225, 12.08.1998, p. 16. 
90 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships, OJ C 88, 27.3.2014, p. 1. 

EN 

36 

 
 
 
 
 
 
                                                            
 
The  Pillar  requires  written  information  to  be  provided  to  the  worker  about  his  or  her  working 
conditions at the start of the employment relationship, rather than within the two months currently 
provided  for  by  the  Written  Statement  Directive.  Since  probation  periods  are  significant  for  most 
employment  relationships,  the  Pillar  also  adds  information  duties  for  the  probation  period.  These 
changes  will  increase  awareness  of  rights  on  the  part  of  employers  and  workers.  They  should  also 
help reduce undeclared work.   

The Pillar also goes beyond the existing EU law by introducing procedural and substantive safeguards 
for  workers  in  case  of  dismissals.  It  requires  adequate  reasoning  to  be  provided  and  a  reasonable 
period  of  notice  be  respected.  Moreover,  the  Pillar  provides  that  workers  should  have  access  to 
effective  and  impartial  dispute-resolution  procedures.  These  can  include  arbitration,  mediation  or 
conciliation procedures. The Pillar also introduces the right to adequate redress in case of unjustified 
dismissals,  such as  re-instatement  or  pecuniary  compensation.  Unjustified  dismissals  are  dismissals 
that are in breach of the rules applicable to the employment relationship in question. 

3. Implementation 

a) What Member States and Social Partners can do 

Member States are in charge of transposing and enforcing rules adopted at EU level. Given that the 
EU  measures  set  out  above  contain  minimum  standards,  Member  States  are  invited  to  go  beyond 
these rules in order to give effect to the Pillar.  

Furthermore,  Member  States  are  invited  to  ratify  (  if  they  have  not  already  done  so)  and  apply 
relevant ILO Conventions such as (i) Convention N° 122  on Employment Policy, (ii) Convention N ° 
144  on  Tripartite  Consultations,  (iii)  Convention  N°  135    on  Workers'  Representatives  and  (iv) 
Convention N° 154 on Promotion of Collective Bargaining.  

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives  based  on  Article  153  TFEU,  and  can  sign  agreements  which  may  be  implemented  at  EU 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange good practices across the EU. Nationally, social partners can support the implementation of 
this Principle via collective bargaining and through involvement in the design and implementation of 
relevant policies.  

Good practice in the spirit of the Pillar 

In December  2017,  Bulgaria  amended  its  Labour  Code  and  introduced  a  guarantee  for  payment of 
compensations  due  in  case  of  termination  of  the  employment  relationship.  These  compensations 
must be paid no later than the last day of the month following the month of termination. 

In Lithuania, the new Labour Code imposes a compulsory pre-trial procedure for almost all types of 
individual and collective labour disputes. While prior to the reform, the collective disputes and cases 
related  to  dismissal  were  directly  litigated  before  the  general  jurisdiction  courts,  now  a  special 

EN 

37 

 
 
 
 
(Individual  Labour  Grievances  Commission  under  the  State  Labour 
tripartite  commission 
Inspectorate) is competent to hear all cases on the infringement of individual and collective labour 
rights.  

b)  Recent and ongoing initiatives at EU level 

Following a two-stage consultation of the social partners on the revision of Directive 91/533/EEC (the 
Written Statement Directive), the Commission proposed in December 2017 a new Directive for more 
transparent  and  predictable  working  conditions  across  the  EU91.  The  Commission's  proposal 
complements  and  modernises  existing  obligations  to  inform  each  worker  of  his  or  her  working 
conditions.  In  addition,  the  proposal  creates  new  minimum  standards  to  ensure  that  all  workers, 
including  those  on  atypical  contracts,  benefit  from  more  predictability  and  clarity  as  regards  their 
working conditions.  

91 COM/2017/0797 final - 2017/0355 (COD) 

38 

EN 

 
 
 
 
 
                                                            
Principle 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. 

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article  28  of  the  Charter  provides  that  workers  and  employers,  or  their  respective  organisations, 
have, in accordance with EU law and national laws and practices, the right to negotiate and conclude 
collective agreements at the appropriate levels. In cases of conflicts of interest, article 28 gives them 
the right to take collective action to defend their interests, including strike action. Article 27 of the 
Charter guarantees every worker the right at the appropriate levels to information and consultation 
in  good  time  in  the  cases  and  under  the  conditions  provided  for  by  EU  law  and  national  laws  and 
practices.  

b) EU legislative powers and their limits 
Article 151 of the Treaty on the Functioning of the European Union (TFEU) enshrines the promotion 
of  dialogue  between  management  and  labour  as  a  common  objective  of  the  EU  and  the  Member 
States.  Article  153(2)  TFEU,  empowers  the  EU  to  adopt  measures  to  support  and  complement  the 
activities of Member States in the fields of (i) the information and consultation of workers, and (ii) 
the  representation  and  collective  defence  of  the  interests  of  workers  and  employers,  including 
codetermination. The powers given by Article 153 TFEU do not apply to pay, the right of association, 
the  right  to  strike  or  the  right  to  impose  lock-outs.  Directives  adopted  on  the  basis  of  Article  153 
TFEU must avoid imposing administrative, financial and legal constraints in a way which would hold 
back the creation and development of small and medium-sized businesses. 

c)  Existing measures 

EN 

39 

 
 
 
 
 
 
Directive 2002/14/EC of the European Parliament and of the Council92 on informing and consulting 
workers (the Information and Consultation Directive) aims at ensuring workers’ involvement before 
decision-making by management, notably where restructuring is envisaged. Directive 2009/38/EC of 
the  European  Parliament  and  of  the  Council  on  the  establishment  of  a  European  Works  Council93 
addresses  the  need  for  proper  information  and  consultation  processes  in  the  case  of  EU-wide 
companies through the setting up of European Works Councils to deal with transnational issues that 
could affect workers. Council Directive 98/59/EC94 on collective redundancies and Council Directive 
2001/23/EC95 on the transfer of undertakings go beyond ensuring the information and consultation 
of  workers'  representatives.  For  instance,  the  latter  Directive  ensures  the  safeguarding  of  workers' 
rights when a business is transferred from one employer to another. 

The  EU  Quality  Framework  for  anticipation  of  change  and  restructuring96  promotes  principles  and 
good  practices  addressed  to  employers,  employees,  social  partners  and  public  authorities  with 
regard to the anticipation of change and the management of the restructuring processes. 

The Joint Statement signed by  the Presidency  of  the Council of the European  Union,  the  European 
Commission and the European Social Partners on "A New Start for Social Dialogue"97 emphasises (i) 
the importance of capacity-building of national social partners, (ii) the strengthened involvement of 
social partners in EU policy and law-making and (iii) the commitment to promote cross-industry and 
sectoral social dialogue, including their outcomes at all levels.   

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  sets  the  right  for  social  partners  to  be  involved  in  the  design  and  implementation  of 
employment  and  social  policies,  and  supports  their  greater  involvement  in  policy  and  law-making 
while  taking  into  account  the  diversity  of  national  systems.  Implementing  this  aspect  of  the  Pillar 
entails setting the appropriate institutional or legal framework at EU and national level, by giving a 
clear  role  to  social  partners  not  only  in  consultation  and  preparation  of  relevant  legislation  and 
policies, but also in their implementation and enforcement.  

92 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework 
for informing and consulting employees in the European Community, OJ L 80, 23.3.2002, p. 29.  
93 OJ L 122, 16.5.2009, p.28. 
94 Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective 
redundancies, OJ L 225, 12.08.1998, p. 16. 
95 Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the 
safeguarding  of  employees'  rights  in  the  event  of  transfers  of  undertakings,  businesses  or  parts  of  undertakings  or 
businesses, OJ L 82, 22.03.2001, p. 16.  
96 Communication from the Commission, EU Quality Framework for anticipation of change and restructuring, COM (2013) 
0882 final, 13.12.2013. 
97  A  new  start  for  Social  Dialogue  -  Statement  of  the  Presidency  of  the  Council  of  the  European  Union,  the  European 
Commission 
2016. 
http://ec.europa.eu/social/BlobServlet?docId=15738&langId=en 

European 

Partners, 

Social 

June 

and 

the 

16, 

EN 

40 

 
 
 
 
 
 
                                                            
The  Pillar  entitles  all  workers  in  all  sectors  to  be  informed  and  consulted  directly  or  through  their 
representatives  on  matters  relevant  to  them  such  as  the  transfer,  restructuring  and  merger  of 
undertakings  and  collective  redundancies.  It  looks  beyond  existing  EU  law  given  that  (i)  it  applies 
regardless  of  the  staff  numbers  involved;  (ii)  it  covers  both  the  restructuring  and  merger  of 
companies;  and  (iii)  the  right  is  not  just  to  receive  information  but  also  to  be  consulted  about  any 
such  corporate  action,  which  implies  an  exchange  of  views  and  the  establishment  of  a  consistent 
dialogue with the employer. 

Moreover, principle 8b covers any issues that concern workers, whereas existing Directives contain a 
limited list of topics for engaging in information and consultation processes. By referring to 'matters 
relevant  to  them,  in  particular  (…)  the  transfer,  restructuring  and  merger  of  undertakings  and  (…) 
collective  redundancies',  it  goes  further  than  Article  27  of  the  Charter.  Article  27  of  the  Charter 
provides for a right to information and consultation 'in the cases and under the conditions provided 
for by Union law and national laws and practices'.   

The provisions of the Pillar highlight that the efforts by the social partners can be complemented by 
public  authorities  while  respecting  the  social  partners'  autonomy.  It  does  so  by  recognizing  that 
capacity-building is first and foremost a bottom-up process depending on the will and efforts of the 
social  partners  themselves.  Capacity-building  refers  to  increasing  the  representativeness  of  social 
partners  and  to  strengthening  their  operational,  analytical  and  legal  capabilities  to  engage  in 
collective bargaining and to contribute to policymaking. This support can take the form of setting the 
appropriate  institutional/legal  framework,  by  giving  a  clear  role  to  social  partners  in  policymaking 
and also by providing financial support.  

3. Implementation    

a) What Member States and Social Partners can do 

While  respecting  the  autonomy  of  the  social  partners,  Member  States  are  invited  to  involve  the 
social partners  closely in the design and implementation of relevant reforms and policies. Member 
states are also invited to help the social partners improve the functioning and effectiveness of social 
dialogue and industrial relations at national level.  Member States are also invited to encourage good 
practices for informing and consulting workers and their representatives. 

Social partners can collect and exchange good practices across the EU. Nationally, social partners can 
support the implementation of this principle via collective bargaining and through involvement in the 
design and implementation of relevant policies. 

Social  partners  can  improve  membership  and  representativeness  of  both  trade  unions  and 
employers' organisations,  particularly  with regard  to  their  capacity to  represent the self-employed, 
workers on all types of employment relationships, young people, people with a migrant background 
and  women,  micro  and  small  enterprises.  They  can  also  help  build  legal  and  technical  expertise  in 

EN 

41 

 
 
 
 
 
order  to  facilitate  their  proper  involvement  in  the  design  and  implementation  of  employment  and 
social policies at both national and EU level. 

 Good practice in the spirit of the Pillar 

Italian  social  partners  signed  a  new  agreement  on  the  representativeness  of  trade  unions.  In 
Denmark,  a  tripartite  agreement  on  adult  education  and  training  aims  at  improving  upskilling.  The 
French  government  is  involving  social  partners  in  the  negotiations  on  the  reforms  of  vocational 
training  and  unemployment  insurance.  In  Portugal,  following  the  publication  of  a  Green  Book  on 
Labour  Relations,  the  government  began  discussions  with  social  partners  on  measures  to  tackle 
labour  market  segmentation.  In  the  Netherlands,  social  partners  are  being  closely  involved  in  the 
reform of the pension system.  Estonia, Latvia, Lithuania and Slovakia have used support from the 
European Social Fund to enhance social partners' capacity to contribute to designing key reforms. 

b)  Recent and ongoing initiatives at EU level 

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives  based  on  Article  153  TFEU,  and  may  sign  agreements  which  may  be  implemented  at  EU 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange good practices across the EU. 

The Tripartite Social Summit for Growth and Employment and the Macroeconomic Dialogue remain 
the crucial fora for political-level discussions with social partner representatives.  

The EU social partners in different industries  committed to promote capacity-building and improve 
the implementation of their autonomous agreements in their current work programme 2015-2017. 

In 2018, the Commission plans to publish a REFIT Evaluation of Directive 2009/38/CE of the European 
Parliament and of the Council on the establishment of a European Works Council or a procedure in 
Community-scale  undertakings  and  Community-scale  groups  of  undertakings  for  the  purposes  of 
informing and consulting employees. It will also publish a guidance document concerning the same 
Directive aimed at improving take up of European Works Councils and their effectiveness.  

In 2018, the Commission will report to the other EU institutions and to the social partners on the way 
the  good  practices  collected  in  the  2013  "EU  quality  framework  for  anticipation  of  change  and 
restructuring"98 are being applied by Member States.  

The EU will continue to promote investment by the Member States in the capacity-building of social 
partners. It will also continue to foster the provision of information to employee representatives, and 
consultation of employee representatives. In doing so, it will take account of national legislation that 
has  transposed  the  Directives  on  informing  and  consulting  workers,  collective  redundancies  and 
European Works Councils.  

98 COM(2013)882. 

EN 

42 

 
 
 
 
                                                            
EN 

43 

 
 
 
 
 
 
Principle 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.  

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article 23 of the Charter states that equality between men and women must be ensured in all areas, 
including employment, work and pay. The principle of equality must not prevent the maintenance or 
adoption  of  measures  providing  for  specific  advantages  in  favour  of  the  under-represented  sex. 
Article  33(2)  of  the  Charter  states  that  in  order  to  reconcile  family  and  professional  life,  everyone 
must have the right to protection from dismissal for a reason connected with maternity and the right 
to paid maternity leave and to parental leave following the birth or adoption of a child.  

b) EU legislative powers and their limits 

Article 153(2) of the Treaty on the Functioning of the European Union (TFEU) empowers the EU to 
adopt measures to support and complement the activities of Member States inter alia in the fields of 
workers' health and safety, working conditions and equality between men and women with regard to 
labour market opportunities and treatment at work.  Article 157(3) TFEU empowers the EU to adopt 
measures  to  ensure  the  application  of  the  principle  of  equal  opportunities  and  equal  treatment  of 
men  and  women  in  matters  of  employment  and  occupation.  Directives  adopted  on  the  basis  of 
Article 153 TFEU must avoid imposing administrative, financial and legal constraints in a way which 
would hold back the creation and development of small and medium-sized businesses. 

c) Existing measures in this field 

Council Directive 92/85/EEC99 requires Member States to provide workers with maternity leave of at 
least  14  weeks,  with  an  allowance  at  least  at  the  level  of  sick  pay.  Directive  2010/41/EU  of  the 
European  Parliament  and  of  the  Council100  stipulates  that  female  self-employed  workers  and  the 
female spouses and life partners of self-employed  workers need to be granted sufficient maternity 

99  Council  Directive  92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to  encourage  improvements  in  the 
safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, OJ L 348, 
28.11.1992, p.1. 
100 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the Principle of 
equal treatment between men and women engaged in an activity in a self-employed capacity, OJ L 180, 15.7.2010, p.1. 

44 

EN 

 
 
 
 
 
 
                                                            
allowance  to  enable  the  interruption  of  their  occupational  activity  because  of  pregnancy  or 
motherhood, for a period of at least 14 weeks. The revised Framework Agreement on parental leave 
concluded by social partners (BusinessEurope, UEAPME, CEEP and ETUC) - implemented at EU level 
by  Council  Directive  2010/18/EU101  -  gives  male and female workers  an  individual  right  to  parental 
leave  of  at  least  four  months.  It  also  requires  Member  States  to  take  measures  to  ensure  that 
workers may request a change to their working hours and/or patterns when returning from parental 
leave, for a set period of time. The Framework Agreement on part-time work concluded by UNICE, 
CEEP and the ETUC - implemented by Directive 97/81/EC102 - protects part-time workers from being 
treated  less  favourably  than  full-time  workers  and  requires  employers  to  give  consideration  to 
requests by workers to switch from full-time work to part-time work or vice-versa.   

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar highlights the importance of work-life balance for all people with caring responsibilities and 
confers rights that are essential  to attain this balance in today’s working environment, such as the 
right to access childcare  or long-term care. The principle goes beyond existing EU law by providing 
rights for all people in employment with caring responsibilities. It will hence also apply to people in 
employment  who  are  not  parents,  but  who  may,  for  example,  care  for  elderly  or  disabled  family 
members.  

The Pillar confers a right to request flexible working arrangements such as teleworking, adaptation of 
working schedules or switching between full-time and part-time work. That right to flexible working 
arrangements  currently  exists  in  EU  legislation  only  when  a  worker  returns  to  work  following 
parental leave.  

On  gender  equality,  the  Pillar  sets  a  new  focus  on  ensuring  equal  access  for  women  and  men  to 
special leave arrangements. The balanced use of these arrangements by men and women should be 
encouraged,  for  instance  by  adjusting  the  level  of  payment,  or  conditions  related  to  flexibility  and 
non-transferability. 

3. Implementation 

a) What Member States and Social Partners can do 

Member States are in charge of transposing and enforcing rules adopted at EU level. Given that the 
EU  measures  set  out  above  contain  minimum  standards,  Member  States  are  invited  to  go  beyond 
these rules in order to give effect to the provisions of the Pillar.  

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives based on Article 153 TFEU and can request implementation of their agreements at EU level 
in  accordance  with  Article  155  TFEU.  Social  partners  can  also  collect  and  exchange  good  practices 

101  Council  Directive  2010/18/EU  of  8  March  2010  implementing  the  revised  Framework  Agreement  on  parental  leave 
concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC, OJ L68, 18.3.2010, p.13. 
102 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by 
UNICE, CEEP and the ETUC, OJ L14, 20.1.1998, p.9.  

45 

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across  the  EU.  Nationally,  social  partners  can  support  the  implementation  of  this  Principle  via 
collective bargaining and through involvement in the design and implementation of relevant policies. 

The EU social partners at cross-industry level selected reconciliation of work, private and family life 
as a priority for their current work programme 2015-2017. 

Good practice in the spirit of the Pillar 

Luxembourg  adopted  a  law  in  December  2017,  which  extends  paternity  leave  from  2  to  10  days 
starting  in  January  2018,  among  a  number  of  other  changes  of  the  family  leave.  The  State  will 
reimburse 8 of the 10 days’ leave to the employer. This leave also covers the adoption of a child aged 
under 16. 

The corporate programme “Success Factor Family” is the central platform for reconciling  work and 
family  life.  Together  with  central  German industry  associations  (BDA,  DIHK,  ZDH) and the  German 
Trade Union  Confederation (DGB), the  Federal Ministry for Family Affairs, Senior Citizens, Women 
and  Youth,  commits  to  making  family-friendliness  a  trademark  of  the  German  economy.  “Success 
Factor Family” brings together information about the issue of family-friendliness in enterprises.  

In  December  2017,  Finland  adopted  a  law  which  lowers  the  child  care  costs  for  low  and  middle 
income  families.  The  measure  has  entered  into  force  in  the  beginning  of  2018.  It  is  expected  to 
increase incentives to accept work, in particular among women with young children, and to increase 
the participation of children in early childhood education. Around 6,700 families will not have to pay 
any child care fees, and it may encourage 4,200 people to move into the labour force. 

In Portugal, policy measures to promote work-life balance, namely on further extension of parental 
leave  rights  have  been  recently  taken.  In  particular,  the  country  recently  extended  the  period  of 
paternity  leave  to  up  to  25  working  days  (formerly  20  working  days),  15  of  which  are  mandatory 
(previously 10) and must be taken during the first month after the birth. 

b)  Recent and ongoing initiatives at EU level 

At the same time as it launched the  European Pillar of Social Rights, the Commission presented an 
initiative  "New  start  to  support  work-life  balance  for  parents  and  carers"103.  The  objective  of  the 
initiative  is  to  address  women's  under-representation  in  the  labour  market  by  facilitating  the 
reconciliation  of  professional  and  family  responsibilities  for  both  women  and  men.  The  initiative 
includes  a  proposal  for  a  Directive  on  work-life  balance  for  parents  and  carers.  It  also  includes  a 
Communication with a number of complementary non-legislative measures, such as supporting more 
and  better  childcare  and  long-term  care  facilities  with  EU  funding,  identifying  country-specific 
obstacles resulting from tax-benefit systems that discourage second-earners (predominantly women) 
from work, better monitoring of the reconciliation policies in the European Semester and improved 
data collection and comparability.  

103 COM(2017)253 

EN 

46 

 
 
 
 
                                                            
Two of the EU's decentralised agencies - Eurofound (the European Foundation for the Improvement 
of Living and Working Conditions) and the European Institute for Gender Equality, are supporting the 
work of the Commission, Member States and social partners in the area of work-life balance, quality 
of life and public services.  

EN 

47 

 
 
 
 
 
Principle 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. 

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article  31  (1)  of  the  Charter  of  Fundamental  Rights  of  the  European  Union  gives  every  worker  the 
right to working conditions that respect his or her health, safety and dignity. 

Article 8 of the Charter of Fundamental Rights of the European Union gives everyone the right to the 
protection  of  personal  data.  It  gives  everyone  the  right  to  access  data,  which  has  been  collected 
about  them,  and  the  right  to  have  it  rectified.  Such  data  must  be  processed  fairly  for  specified 
purposes and on the basis of the consent of the person concerned or some other legitimate basis laid 
down by law. Compliance with these rules must be subject to control by an independent authority. 

b) EU legislative powers and their limits 

Article 153 (2) of the Treaty on the Functioning of the European Union (TFEU) empowers the EU to 
adopt measures inter alia for the improvement in particular of the working environment to protect 
workers' health and safety. Directives adopted on the basis of Article 153 TFEU must avoid imposing 
administrative,  financial  and  legal  constraints  in  a  way  which  would  hold  back  the  creation  and 
development of small and medium-sized businesses. 

Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) gives everyone the right 
to the protection of their personal data. 

c) Existing measures in this field 

Council Framework Directive 89/391/EEC104 and 23 related Directives set minimum requirements for 
the prevention of occupational risks, the protection of safety and health and the elimination of risks 
and  accident  factors.  The  Framework  Directive  establishes  the  general  principles  for  a  proper 

104 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety 
and health of workers at work OJ 1989 L183, 29.6.1989, p.1. 

48 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
                                                            
management of safety and health. These principles include the responsibility of the employer, rights 
and  duties  of  workers,  risk  assessment  as  an  instrument  to  continuously  improve  company 
processes,  or  workers'  representation.  The  related  Directives  tailor  these  main  principles  to  some 
specific workplaces and sectors.  They  also  tailor  these  main  principles  to  specific  risks,  tasks  or 
categories  of  workers.  The principles  define how  to  assess  these risks  and,  in some cases,  set  limit 
exposure values for certain substances and agents.  

Directive  92/85/EEC  introduces  measures  to  encourage  improvements  in  the  safety  and  health  at 
work of pregnant workers and workers who have recently given birth or are breastfeeding. 

The General Data Protection Regulation105, replacing the Data Protection Directive106 allows Member 
States by law or by collective agreements to provide for more specific rules to ensure the protection 
of the rights and freedoms of employees. A guidance communication on the direct application of the 
Regulation was adopted in January 2018.107 

In its Communication "Safer and Healthier Work for All"108 the Commission emphasises the need to 
refocus  efforts  on  ensuring  better  and  broader  protection,  compliance  and  enforcement  of 
occupational  safety  and  health  standards  on  the  ground.  It  also  announces  a  number  of  legislative 
actions  to  step  up  fight  against  occupational  cancer,  as  well  as  initiatives  to  support  effective 
implementation  of  health  and  safety  rules,  especially  in  microenterprises  and  small  and  medium-
sized  businesses.  The  Commission  invites  Member  States  and  social  partners  to  work  together  to 
modernise occupational safety and health legislation at EU and national level, while maintaining or 
improving workers' protection. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar goes beyond existing EU law by aiming at a high level of protection for workers from risks 
to  health  and  safety  at  work.  It  therefore  urges  Member  States  and  employers  to  go  beyond  the 
minimum  requirements  laid  down  in  existing  EU  legislation  and  to  get  as  close  as  possible  to  an 
accident-free  and  casualty-free  working  environment.  This  means  not  only  applying  the  rules,  but 
also  establishing  ever-improving  health  and  safety  policies  with  the  help  of:  (i)  web-based  tools  to 
facilitate  risk  assessments,  and  (ii)  dialogue  with  workers  and  workplace  suppliers.  These 
improvements can be further supported by guidance and feedback.  

105 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural 
persons with regard to the  processing  of  personal data  and on  the  free movement of  such  data, and repealing Directive 
95/46/EC (General Data Protection Regulation) (Text with EEA relevance), OJ L 119, 4.5.2016, p. 1–88. 
106 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals 
with regard to the processing of personal data and on the free movement of such data 
107 https://ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-reform-eu-data-
protection-rules_en 
108 COM(2017) 12 final, of 10 January 2017. 

49 

EN 

 
 
 
 
 
 
 
 
 
                                                            
Principle 10b of the Pillar introduces two inter-related rights. The first goes beyond the protection of 
health and safety by affording workers the right to a working environment adapted to their specific 
occupational circumstances. The second right, in accordance also with the principle of active ageing, 
recognises  the  need  to  adapt  the  working  environment  in  order  to  enable  workers  to  have 
sustainable  and  longer  working  careers.  This  means  that  certain  adaptations  (  for  example  better 
lighting for carrying out clerical work) may be necessary due to the worker’s age.  Other adjustments, 
such as more flexible working hours, may be necessary to maintain older workers' health  and well-
being. 

The  Pillar  also  introduces  the  right  to  protection  of  personal  data  for  workers.  The  processing  of 
personal data by the employer must always be based on a legal justification, normally performance 
of  a  contract,  compliance  with  a  legal  obligation  or  for  the  purposes  of  the  legitimate  interest 
pursued by the employer, except where such interest are overridden by the interest or fundamental 
rights of the worker.   

3. Implementation 

a) What Member States and social partners can do 

Member States are in charge of transposing and enforcing rules adopted at EU level. Given that the 
EU measures set out above contain minimum requirements, Member States are invited to go beyond 
these rules in order to give effect to the principle of a high level of health and safety at work and by 
encouraging good practices on active ageing at work.  

Member States can ratify (if they have not already done so) and apply relevant ILO Conventions such 
as  the  Work  in Fishing Convention  188,  and  relevant IMO  Conventions,  such  as  the Convention  on 
Standards  in  Training,  Certification  and  Watch-keeping  on  Fishing  Vessels    and  the  Cape  Town 
Agreement on the Torremolinos Convention for the safety of fishing vessels. 

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives  based  on  Article  153  TFEU  and  can  request  their  agreements  to  be  implemented  at  EU 
level  in  accordance  with  Article  155  TFEU.  In  particular,  they  can  promote  and  develop  joint 
standards  at  national  or  EU  level  to  adapt  workplaces  to  accommodate  active  aging  and 
intergenerational  approach.  European  social  partners  signed  on  8  March  2017  an  autonomous 
agreement  on  active  ageing  and  intergenerational  approach  also  covering  health  and  safety  to  be 
implemented by national social partners by 2020. 

Social partners can also collect and exchange good practices across the EU. Nationally, social partners 
can support the implementation of this principle via collective bargaining and through involvement in 
the design and implementation of relevant policies. 

Good practice in the spirit of the Pillar 

EN 

50 

 
 
 
 
 
 
In August 2017, Malta adopted a guide on the Safe use of tail lifts. While seeming an uncomplicated 
task, operating a tail lift holds many hidden dangers that could cause operators a lot more problems 
than just damaged merchandise. These problems could vary from minor injuries to fatalities. In the 
light of this, the Maltese Occupational Health and Safety Authority issued a new guidance document 
on the safe use of tail lifts. 

b) Recent and ongoing initiatives at EU level 

The  Commission  has  recently  proposed  amendments  to  Directive  2004/37/EC109  (the  Carcinogens 
and  Mutagens  Directive)  aimed  at  improving  protection  for  millions  of  workers  by  revising  or 
establishing  binding  occupational  exposure  limit  values  for  a  number  of  dangerous  chemical 
agents.110  The  first  part  of  these  proposals  was  adopted  as  a  Directive  in  December  2017.111  The 
second  wave  of  amendments112,  which  the  Commission  put  forward  in  January  2017,  is  currently 
under  discussion.    The  Commission  –  in  consultation  with  the  social  partners  -  will  continue  to 
propose further updates of the Carcinogens and Mutagens Directive to introduce binding limit values 
to combat occupational cancer. A new proposal is planned for early 2018. 

The Commission will support the implementation of EU legislation by improving compliance with the 
rules,  in  particular  in  micro-enterprises  and  SMEs.  The  Commission  will  also  make  proposals  to 
remove  or  update  outdated  health  and  safety  provisions  in  the  light  of  scientific,  technical  and 
societal changes. It will refocus efforts on ensuring better protection, compliance and enforcement 
on the ground, by developing guidance for employers, among other things. The publication of non-
binding  guides  to  good  practice  on  agriculture,  fishing  vessels  and  work-related  vehicle  risks  was 
completed during 2017. 

The Directive transposing the ILO Work in Fishing Convention 188, except its enforcement provisions, 
entered into force in November 2017.  

The  Commission  has  launched  a  peer  review  process  with  Member  States  with  the  specific  aim  of 
reducing the administrative burden in national legislation while maintaining worker protection and, 
in  cooperation  with  the  European  Agency  for  Safety  and  Health  at  Work,  further  foster  the 
development  of  relevant  IT  tools.  The  first  event  on  the  use  of  web-based  tools  for  OSH  risk 
assessment took place in October 2017. 

The  European  Agency  for  Safety  and  Health  at  Work,  one  of  the  EU's  decentralised  agencies,  is 
playing  a  key  role  in  collecting  and  disseminating  good  practice.  As  part  of  this  role,  it  supports 

109 Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from 
the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 
16(1) of Council Directive 89/391/EEC), OJ L158, 30.4.2004, p.50. 
110 COM(2016) 248 and COM (2017) 11. 
111 Directive (EU) 2017/2398 of the European Parliament and of the Council of 12 December 2017 amending Directive 
2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work; OJ L 345, 
27.12.2017, p. 87. 
112 COM(2017) 11 final 

51 

EN 

 
 
 
 
  
                                                            
experience  sharing,  notably  through  the  Healthy  Workplaces  campaigns.  The  "Healthy  Workplaces 
for All Ages" campaign concluded in 2017, and contributed to publicising a wealth of examples from 
across the EU. In 2018, the Commission will aim to improve the practical application of age-sensitive 
risk management measures by developing and disseminating relevant guidance for labour inspectors.  
The  Agency  will  launch  the  next  Healthy  Workplaces  campaign  in  2018,  focusing  on  dangerous 
substances  to  support  the  Commission's  effort  to  fight  occupational  cancer.  To  facilitate  the 
application of data protection rules, the Article 29 Working Party (composed of the 28 national Data 
Protection Authorities) will issue in 2017 an opinion on personal data processing in an employment 
context.   

EN 

52 

 
 
 
 
 
 
Chapter III – Social protection and inclusion 

Principle 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. 

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article 14 of the Charter gives everyone the right to education, including the right to free compulsory 
education.    Article  24(1)  of  the  Charter  gives  children  the  right  to  such  protection  and  care  as  is 
necessary for their wellbeing.  

b) The legislative powers and their limits 

Article 153 (2) of the Treaty on the Functioning of the European Union (TFEU) empowers the EU to 
adopt  measures  to  support  and  complement  the  activities  of  its  Member  States  in  the  fields  of 
combating  social  exclusion  and  modernising  social  protection  systems.  Article  165  TFEU  empowers 
the  EU  to  contribute  to  the  development  of  quality  education  by  encouraging  policy  cooperation 
between the Member States and, if necessary, by supporting and implementing their action. Under 
Article 156 TFEU, with a view to achieving the objectives of Article 151 TFEU and without prejudice to 
the  other  provisions  of  the  Treaties,  the  Commission  is  tasked  to  encourage  cooperation  between 
the Member States and facilitate coordination of their action in all social policy fields under Title X of 
the  TFEU.    Article  153(4)  provides  that  provisions  adopted  pursuant  to  Article  153  TFEU  must  not 
affect the right of Member States to define the fundamental principles of their social security system 
and must not significantly affect the financial equilibrium thereof. 

c) Existing measures in this field 

In  2002,  the  European  Council  set  ‘the  Barcelona  Targets’113  to  ensure  the  provision  of  formal 
childcare to at least 90% of children in the EU between the age of 3 and the mandatory school age, 
and  at  least  33%  of  children  under  the  age  of  3  by  2010.  These  targets  were  reaffirmed  in  the 
European Pact for Gender Equality 2011-2020.  

113 Presidency conclusions, Barcelona European Council, 15-16 March 2002, SN 100/1/02 REV 1. 

53 

EN 

 
 
 
 
 
                                                            
The 2009 Strategic Framework for European cooperation in education and training (ET2020) set up a 
number of objectives in education and training, including a benchmark in Early Childhood Education 
and Care (ECEC).114 

Commission  Recommendation  2008/867/EC  on  the  active  inclusion  of  people  excluded  from  the 
labour  market115  refers  to  the  need  for  access  to  quality  services,  including  childcare.  Council 
Recommendation  of  28  June  2011116  on  policies  to  reduce  early  school  leaving  mentions  the 
provision of high-quality early childhood education and care as a preventive measure to reduce the 
risk of early school leaving. 

Commission Communication117 and Council conclusions of 2011118 on Early childhood education and 
care: providing all our children with the best start for the world of tomorrow both acknowledge that 
early  childhood  education  and  care  provides  the  necessary  foundation  for  lifelong  learning,  social 
integration, personal development and future employability.  

Commission  Recommendation  2013/112/EU  on  Investing  in  children:  breaking  the  cycle  of 
disadvantage119  calls  on  all  Member  States  to  step  up  their  investment  in  children,  according  to  a 
three-pillar approach, which includes affordable, quality early childhood education and care services 
and other measures to address child poverty, as part of an integrated child-rights-based package of 
policy  measures  to 
intergenerational  cycles  of 
disadvantage.  

improve  outcomes  for  children  and  break 

On  16  June  2016,  Council  Conclusions  on  "Combating  Poverty  and  Social  Exclusion:  An  Integrated 
Approach"  encouraged  the  Member  States  to  address  child  poverty  and  promote  children's  well-
being  through  multi-dimensional  and  integrated  strategies,  in  accordance  with  the  Commission 
Recommendation on investing in children. 

The  European  Regional  Development  Fund  supports  measures  to  improve  the  early  childhood 
education  and  care  infrastructure  and  the  European  Social  Fund  supports  the  promotion  of  equal 
access to good quality early-childhood education and access to high-quality and affordable services 
for  children  and  families.  The  European  Agricultural  Fund  for  Rural  Development  supports  the 
establishment of basic services in rural areas. The Erasmus+ programme provides the possibility for 
strategic partnerships and mobility in order to improve practice and supports cooperation to advance 
early childhood education and care policies. 

2. Scope and changes introduced by the European Pillar of Social Rights 

114 By 2020, at least 95% of children (from 4 to compulsory school age) should participate in early childhood education 
115  Commission  Recommendation  2008/867/EC  on  the  active  inclusion  of  people  excluded  from  the  labour  market,  OJ  L 

307, 18.11.2008, p.11-14. 
116 OJ C 191, 1.7.2011, p.1. 
117 Communication from the Commission, Early Childhood Education and Care: Providing all our children with the best start 
for the world of tomorrow, COM(2011) 66 final. 
118 OJ C 175, 15.6.2011, p.8. 
119 Commission Recommendation 2013/112/EU Investing in children: breaking the cycle of disadvantage OJ L 59, 2.3.2013, 
p. 5. 

54 

EN 

 
 
 
 
                                                            
The Pillar establishes that all children have the right to good quality early childhood education and 
care (ECEC). ECEC is understood as any regulated arrangement that provides education and care for 
children  from  birth  to  compulsory  primary  school  age  -  regardless  of  the  setting,  funding,  opening 
hours or programme content - and includes centre and family-based day-care; privately and publicly 
funded provision; pre-school and pre-primary provision.120  

The  Pillar  also  highlights  the  quality  aspects  of  ECEC,  understood  as  combining  aspects  related  to 
access,  workforce,  curriculum,  monitoring,  evaluation  and  governance.  Universally  available  and 
good-quality ECEC benefits all children and particularly those from a disadvantaged background.  

The provisions of the Pillar set a right for children to be protected from poverty, meaning that every 
child must have access to comprehensive and integrated measures as set out in the 2013 European 
Commission Recommendation on investing in children. Prevention of poverty and social exclusion is 
most effectively achieved through integrated strategies. The measures targeted should, for instance, 
include access to adequate resources, a combination of cash and in-kind benefits allowing children to 
enjoy  adequate  living  standards,  access  to  affordable  quality  services  in  the  area  of  education, 
health,  housing,  family  support  and  promotion  of  family-based  and  community  care,  and  legal 
protection and support for children to participate in decision-making that affects their lives. 

Principle 11b gives children from disadvantaged backgrounds (such as Roma children, some children 
with  a  migrant  background,  or  ethnic  minority  children,  children  with  special  needs  or  disabilities, 
children in alternative care and street children, children of imprisoned parents, and children within 
households at particular risk of poverty) the right to reinforced and targeted support to ensure they 
have equitable access to and enjoyment of social rights. 

3. Implementation 

a) What Member States and Social Partners can do 

Member  States  are  responsible  for  the  content  of  teaching  and  for  the  organisation  of  their  
education systems and they are invited to give effect to the Pillar in this context, particularly through 
(i)  enhanced  availability  and  better  use  of  early  childhood  education  and  care  facilities,  and  (ii) 
introducing  policies  to  counter  child  poverty  and  measures  to  promote  equal  opportunities  (for 
instance  national  and  subnational  strategies  that  include  targets,  indicators,  earmarked  budget 
allocations and a monitoring mechanism). National strategies on child participation could be put in 
place  to  promote  awareness  on  how  to  involve  children  in  all  actions  and  decisions  that  concern 
them. 

Nationally, social partners can support the implementation of this Pillar by collecting and exchanging 
good  practice  across  the  EU.  Thanks  to  the  involvement  of  the  social  partners  in  work-life  balance 

Early 

120 Proposal for key principles of a Quality Framework for Early Childhood Education and Care, report of the Working Group 
Commission, 
under 
on 
http://ec.europa.eu/dgs/education_culture/repository/education/policy/strategic-framework/archive/documents/ecec-
quality-framework_en.pdf. 

Childhood 

Education 

European 

auspices 

Care 

and 

the 

the 

of 

EN 

55 

 
 
 
 
                                                            
issues, and in some countries their responsibility for social security systems, many companies already 
promote or even provide childcare for their own staff. In this way, the social partners play a key role 
in highlighting and exchanging good practice. 

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives based on Article 153 TFEU, and can sign agreements which can be implemented at EU level 
at their request in accordance with Article 155 TFEU. Social partners can also collect and exchange 
good  practice  across  the  EU.  Nationally,  social  partners  can  support  the  implementation  of  this 
Principle through involvement in the design and implementation of relevant policies.  

Good practice in the spirit of the Pillar 

As  of  2018,  Lithuania  has  put  in  place  a  universal  child  benefit  system,  which  replaced  previous 
income tax allowance for parents with children. The new system is more favourable for low-income 
earners.  Under  the  earlier  system  the  low-income  families  were  not  able  to  fully  benefit  from  the 
additional tax allowance for children because of their low taxable income (or absence of it). For the 
higher income earners, the universal child benefit substitutes the previous tax allowance for children. 

b) Recent and ongoing initiatives at EU level 

The  Commission  presented,  together  with  the  European  Pillar  of  Social  Rights,  an  initiative  "New 
start  to  support  work-life  balance  for  parents  and  carers"121.  It  aims  to  address  women's  under-
representation  in  the  labour  market  by  making  it  easier  for  both  men  and  women  to  reconcile 
professional and family responsibilities. The initiative includes a proposal for a Directive on work-life 
balance  for  parents  and  carers,  and  a  Communication  with  a  number  of  complementary  non-
legislative measures, such as supporting more and better childcare and long-term care facilities with 
EU  funding, 
identifying  country-specific  obstacles  resulting  from  tax-benefit  systems,  which 
discourage  second  earners  (predominantly  women)  from  work,  better  monitoring  of  the 
reconciliation policies in the European Semester and improved data collection and comparability. 

As  contribution  to  the  Leaders'  meeting  in  Gothenburg  on  17  November  2017,  the  Commission 
presented  a  Communication  "Strengthening  European  Identity  through  Education  and  Culture".  A 
Council Recommendation on a quality framework for Early Childhood Education and Care is planned 
for 2018, accompanied by a more ambitious common benchmark that would call for offering places 
for at least 95% of children between 3 years of age and the mandatory school age.  

The  Commission  presented  together  with  the  European  Pillar  of  Social  Rights  a  review  of  the 
implementation  of  Commission  Recommendation  2008/867/EC  on  the  active  inclusion  of  people 
excluded  from  the  labour  market,  and  of  Commission  Recommendation  2013/112/EU:  Investing  in 
children: breaking the cycle of disadvantage. 

121 COM(2017)253 

EN 

56 

 
 
 
 
                                                            
The  Commission  will  further  support  Member  States  in  providing  a  common  framework  for  high 
quality early childhood education and care (ECEC) and step up efforts to help them learn from each 
other and identify what works best. Under the Open Method of Coordination, the Social Protection 
Committee organises regularly peer reviews on ECEC and support for disadvantaged children. 

In  2018,  the  Commission  will  launch  and  implement  a  Preparatory  Action  on  a  Child  Guarantee, 
following  a  European  Parliament's  proposal.  The  action  aims  at  clarifying  the  concept  of  such  a 
guarantee, its feasibility and potential to contribute to the overall objective of fighting child poverty. 
Initially,  it  will  look  in  detail  at  the  situation  of  four  well-known  vulnerable  groups  of  children,  i.e. 
children  in  migration,  in  institutions,  in  precarious  households  and  disabled  children  with  special 
needs. 

EN 

57 

 
 
 
 
 
Principle 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.  

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article  34  of  the  Charter  affirms  respect  for  the  entitlement  to  social  security  benefits  and  social 
services providing protection in cases such as maternity, illness, industrial accidents, dependency or 
old age, and in the case of loss of employment, in accordance with the rules laid down by EU law and 
national  laws  and  practices.  It  recognises  entitlement  to  social  security  and  social  assistance  for 
everyone  residing  and  moving  legally  within  the  European  Union  in  accordance  with  EU  law  and 
national laws and practices.  It also sets out the right to social assistance and social housing to ensure 
a  decent  existence  for  all  those  who  lack  sufficient  resources  and  combat  social  exclusion  and 
poverty.  

Article  35  of  the  Charter  guarantees  the  right  of  access  to  preventive  health  care  and  the  right  to 
medical treatment under the conditions established by national laws and practices.  

b) The legislative powers and their limits 

Article 153(2) of the Treaty on the Functioning of the European Union (TFEU) enables the EU to adopt 
measures, including directives setting minimum requirements, in the field of social security and social 
protection of workers.  

Article  153(4)  states  that  any  acts  adopted  under  Article  153  TFEU  must  not  affect  the  right  of 
Member  States  to  define  the  fundamental  principles  of  their  social  security  system  and  must  not 
significantly  affect  the  financial  equilibrium  thereof.  Directives  adopted  on  the  basis  of  Article  153 
TFEU  must  avoid  imposing  administrative,  financial  and  legal  constraints  in  a  way  that  would  hold 
back the creation and development of small and medium-sized businesses. 

Article 156 TFEU tasks the Commission to encourage cooperation between the Member States and 
facilitate coordination of their action in all social policy fields under Title X of the TFEU. 

Article  48  TFEU  requires  the  EU  legislature  to  adopt  such  measures  on  of  social  security  as  are 
necessary  to  provide  freedom  of  movement  for  workers  and  the  self-employed  between  the 
Member States. 

c) Existing measures in this field 

EN 

58 

 
 
 
 
 
Council  Recommendation  92/442/EEC  on  the  convergence  of  social  protection  objectives  and 
policies122  covers  social  insurance  for  workers  in  relation  to  sickness,  maternity,  unemployment, 
incapacity for work, the elderly and the family.  

Council Recommendation 92/441/EEC on common criteria concerning sufficient resources and social 
assistance in social protection systems123 sets out principles and guidelines to implement this right.  

Directive  2010/41/EU  of  the  European  Parliament  and  of  the  Council  on  the  application  of  the 
principle  of  equal  treatment  between  men  and  women  engaged  in  self-employed  activity124  grants 
access to maternity leave and benefits for at least 14 weeks. It does not cover access to any other 
social insurance risks.  

Regulation (EC) No 883/2004 of the European Parliament and of the Council125 coordinates the social 
security rules of the Member States as regards people in cross-border situations.  

Regulation  (EU) No 1231/2010 of the European Parliament and of the Council126 coordinates social 
security systems for third-country nationals and their family members legally residing on EU territory 
who have moved between Member States.  

Council Directive 2003/109/EC127 concerning the status of third-country nationals who are long-term 
residents, together with a number of other EU directives concerning legal migration of third-country 
nationals  in  the  EU128,  confer  upon  them  equal  treatment  rights  with  host  country's  nationals  in 
relation to social protection (for long term residents) and social security. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar transforms the call for a replacement income which will maintain the workers' standard of 
living  in  the  1992  Recommendation  into  a  right.  The  provisions  on  social  protection  apply  to  all 
workers,  regardless  of  the  type  and  duration  of  their  employment  relationship,  and,  under 

122 Council Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies OJ 
L 245, 26.8.1992, p. 49. 
123 Council Recommendation 92/441/EEC of 24 June 1992, OJ L 245, 26.8.1992, p. 46. 
124 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the Principle of 
equal treatment between men and women engaged in an activity in a self-employed capacity, OJ L 180, 15.7.2010, p.1. 
125  Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  the  coordination  of 
social security systems OJ L 166, 30.4.2004, p.1. 
126  Regulation  (EU)  No  1231/2010  of  the  European  Parliament  and  of  the  Council  of  24  November  2010  extending 
Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered 
by these Regulations solely on the ground of their nationality, OJ L 344, 29.12.2010, p. 1.  
127 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term 
residents, OJ L 16, 23.1.2004, p. 44.  See also, for example,  Directive 2011/98/EU of the European Parliament and of the 
Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and 
work  in  the  territory  of  a  Member  State  and  on  a  common  set  of  rights  for  third-country  workers  legally  residing  in  a 
Member State, OJ L 343, 23.12.2011, p.1. 
128      Directives  on:  Family  reunification,  Blue  Card,  Single  Permit,  Researchers,  Students,  Qualification  as  a  beneficiary  of 
international protection, seasonal workers and intra-corporate transferees. 

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comparable  conditions,  the  self-employed.    Its  aim  is  to  cover  the  whole  range  of  non-standard 
contracts for the provision of work which are increasingly prevalent in today’s labour market. 

The  Pillar  also  provides  that  the  self-employed  shall  have  access  to  social  protection.  By  extending 
access  to  the  self-employed,  the  principle  goes  beyond  the  1992  Council  Recommendation,  which 
only calls for examining the possibility of appropriate social protection for the self-employed. 

The right to social protection enshrined in the Pillar covers both social assistance and social security.  
Social  security,  which  includes  both  contributory  and  non-contributory  schemes,  is  defined  in 
Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council129  to  include  the 
following  branches:  (a)  sickness  benefits;  (b)  maternity  and  equivalent  paternity  benefits;  (c) 
invalidity benefits; (d) old-age benefits; (e) survivors' benefits; (f) benefits in respect of accidents at 
work  and  occupational  diseases;  (g)  death  grants;  (h)  unemployment  benefits;  (i)  pre-retirement 
benefits; (j) family benefits.   

In  guaranteeing  that  self-employed  people  can  also  have  access  to  social  protection  under 
comparable  conditions,  the  principle  goes  beyond  Directive  2010/41/EU,  which  dealt  only  with 
maternity leave. 

Taken  together,  parts  one  and  two  of  the  Pillar's  provision  on  social  protection  ensure  that 
comparable  access  to  social  protection  is  made available  both  to  people  employed as  workers  and 
people working as self-employed. 

3. Implementation 

a) What Member States and social partners can do 

Member States are invited to adapt their rules in order to give effect to the Pillar provisions on social 
protection, in addition to transposing and enforcing rules adopted at EU level. 

Furthermore, Member States may ratify, if not done so, and apply the relevant  ILO conventions on 
social security,  the European  Code  of Social Security  and  the Revised  European  Social Charter,  and 
may review the reservations made for some Articles of the revised European Social Charter.    

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives based on Article 153 TFEU, and can sign agreements which can be implemented at EU level 
at their request in accordance with Article 155 TFEU. Social partners can also collect and exchange 
good  practice  across  the  EU.  Nationally,  social  partners  can  support  the  implementation  of  this 
principle  via  collective  bargaining  and  through  involvement  in  the  design  and  implementation  of 
relevant policies.  

Good practice in the spirit of the Pillar 

129 The Regulation applies also to special non-contributory cash benefits which display characteristics of both social security 
and social assistance. 

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In  May  2017,  Denmark  adopted  a  reform  of  the  unemployment  insurance  scheme,  which  will  give 
better coverage to the self-employed, persons in non-standard jobs, persons with multiple jobs and 
persons  combining  employment  and  self-employment.  It  will  create  a  more  transparent  and  less 
discretionary system, using earnings registered for tax purposes. In this new scheme, unemployment 
is  defined  in  relation  to  activities  rather  than  to  a  categorisation  as  either  self-employed  or  wage 
earner.  Income  as  both  wage  earner  and  self-employed  as  well  as  income  from  multiple  income 
sources will establish eligibility and entitlements. The reform will enter into force on 1 July 2018. 

b) Recent and ongoing initiatives at EU level 

The Commission is presenting a proposal for a recommendation on "Access to Social Protection for 
workers  and  the  self-employed",  as  part  of  the  "Social  Fairness  Package".  The  proposal  for  a 
recommendation aims at supporting all self-employed and non-standard workers who, due to their 
contract  type  or  employment  status,  are  not  sufficiently  protected  by  social  security  schemes 
regarding  unemployment,  sickness  and  healthcare,  maternity  or  paternity,  accident  at  work  and 
occupational diseases, disability and old age. It addresses gaps in access to social protection faced by 
people employed on non-standard contracts and in various forms of self-employment, as well as the 
means  to  make  rights  transferable  and  transparent  when  changing  employer,  contract  type  or 
transitioning to self-employment. 

The  Commission  is  also  putting  forward  a  proposal  for  a  European  Labour  Authority  as  part  of  the 
"Social  Fairness  Package".  The  Authority  will  aim  to  strengthen  fairness  and  efficiency  in  the 
European  labour  market  by  facilitating  cross-border  labour  mobility.  It  will  help  Member  States 
ensure that workers' and citizens' rights to equal treatment and opportunities regarding employment 
and social protection are guaranteed in cross-border situations. 

The third part of the "Social Fairness Package" is a proposal on a European Social Security Number. 
This  number  will  provide  a  unique  identifier  to  mobile  persons  with  a  view  to  ensure  a  real  time 
verification of their social security status. 

EN 

61 

 
 
 
 
 
Principle 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.  

1. Existing EU law in this field 

 a) The Charter of Fundamental Rights of the European Union 

Article 29 of the Charter guarantees everyone the right of access to a free placement service. Article 
34  of  the  Charter  affirms  respect  for  the  entitlement  to  social  security  benefits  and  social  services 
providing protection, among others, in the case of loss of employment, in accordance with the rules 
laid down by EU law and national laws and practices.  It recognises the entitlement to social security 
and  social  assistance  for  everyone  residing  and  moving  legally  within  the  European  Union  in 
accordance with EU law and national laws and practices. 

b) The legislative powers and their limits 

Article  147  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU)  provides  that  the 
European Union must contribute to a high level of employment by encouraging cooperation between 
Member States and by supporting and, if necessary, complementing their action. According to Article 
153(2)  TFEU,  the  EU  is  empowered  to  adopt  measures  inter  alia  in  the  field  of  the  integration  of 
persons  excluded from the labour  market.  These  measures  can include directives  setting  minimum 
requirements. Article 153(4) provides that provisions adopted pursuant to Article 153 TFEU must not 
affect the right of Member States to define the fundamental principles of their social security system 
and must not significantly affect the financial equilibrium thereof. Directives adopted on the basis of 
Article 153 TFEU must avoid imposing administrative, financial and legal constraints in a way which 
that hold back the creation and development of small and medium-sized businesses. 

c) Existing measures in this field 

Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of 
social  security  systems  provides  that  an  unemployed  person  who  satisfies  the  conditions  for 
entitlement  to  unemployment  benefits  and  who  goes  to  another  Member  State  to  seek  work,  has 
the  right  to  retain  the  entitlement  to  unemployment  benefits  in  cash  for  a  period  of  up  to  three 
months. Member States can allow the extension of this period up to six months . 

Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the 
labour  market  130  calls  for  an  integrated  comprehensive  strategy  for  the  active  inclusion  of  people 

130 Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market, OJ 
L 307, 18.11.2008, p. 11. 

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excluded from the labour market, combining adequate income support, inclusive labour markets and 
access to quality services.   

The  European  Network  of  Public  Employment  Services  (PES)  established  through  the  Decision  No 
573/2014/EU131  of  the  European  Parliament  and  Council,  provides  a  platform  to  compare  PES 
performance  at  European  level,  identify  good  practice  and  foster  mutual  learning  in  order  to 
strengthen the active support services. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar states the right to adequate support for people in unemployment from public employment 
services.  This  support  is  based  on  assessment,  counselling  and  guidance  for  job  search  and  more 
broadly for career decisions. 

Furthermore, the Pillar provides that the unemployed must have a right to adequate unemployment 
cash benefits of reasonable duration.  The Pillar requires an adequate level of benefits, as in relation 
to the income replaced. The replacement level should maintain incentives for a quick return to work. 
Provision of the benefit should be of reasonable duration: it is important to allow sufficient time to 
find  a  job  matching  the  skills  of  the  jobseeker,  and  to  avoid  negative  incentives  discouraging  job-
seeking.  Nevertheless,  the  benefits  should  be  in  line  with  the  contributions  and  respect  national 
eligibility rules. 

The provision covers all unemployed, including those with short employment records and those who 
were 
Its  scope  covers  both  contributory  and  non-contributory 
unemployment cash benefits, as well as unemployment assistance.  

formerly  self-employed. 

Commission  Recommendation  of  3  October  2008    on  the  active  inclusion  of  people  excluded  from 
the  labour  market  already  provides  guidance  on  how  to  continually  review  the  incentives  and 
disincentives to work resulting from tax and benefit systems. The Pillar takes this a step forward by 
requiring that such incentives be built into the design of unemployment benefit schemes. It also links 
unemployment benefits to the support of public employment services. 

3. Implementation    

a) What Member States and social partners can do 

Each  Member  State  retains  the  right  to  define  the  fundamental  principles  of  its  social  security 
system. To give effect to the Pillar, Member States are invited to update their rules concerning the 
provision of unemployment cash benefits in addition to transposing and enforcing rules adopted at 
EU level. 

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives based on Article 153 TFEU, and can sign agreements which can be implemented at EU level 

131 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2014.159.01.0032.01.ENG  

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at their request in accordance with Article 155 TFEU. Social partners can also collect and exchange 
good  practice  across  the  EU.  Nationally,  social  partners  can  support  the  implementation  of  this 
principle  via  collective  bargaining  and  through  involvement  in  the  design  and  implementation  of 
relevant policies.  

Good practice in the spirit of the Pillar 

In  Lithuania  a  Law  on  Unemployment  Social  Insurance  was  adopted  in  June  2017,  aimed  at 
expanding  the  coverage  and  adequacy  of  unemployment  benefits.  The  period  of  payment  of 
unemployment  social  insurance  benefits  increased  from  6  to  9  months.  According  to  these 
amendments, a person having a record of unemployment insurance of at least 12 months over the 
past  30  months  before  his  registration  with  PES  shall  be  entitled  to  the  benefit.  Formula  for 
calculating an unemployment insurance benefit has also changed and the adequacy should improve. 

b) Recent and ongoing initiatives at EU level 

The Commission is presenting a proposal for a recommendation on "Access to Social Protection for 
workers  and  the  self-employed",  as  part  of  the  "Social  Fairness  Package".  The  proposal  for  a 
recommendation aims at supporting all self-employed and non-standard workers who, due to their 
contract  type  or  employment  status,  are  not  sufficiently  protected  by  social  security  schemes 
regarding  unemployment,  sickness  and  healthcare,  maternity  or  paternity,  accidents  at  work  and 
occupational diseases, disability and old-age. The Commission conducted a two-stage consultation of 
the social partners, as well as an open public consultation and targeted hearings on the initiative,132 
in  order  to  address  gaps  in  access  to  social  protection  faced  by  people  employed  on  non-standard 
contracts  and  in  various  forms  of  self-employment.    The  consultation  also  addressed  the  access  to 
unemployment benefits and to employment services. 

The Commission will continue to support negotiations on the proposal presented in December 2016 
for  amending  Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council  on  the 
coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure 
for  implementing  Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council.  133 
This  proposal  extends  the  minimum  period  for  which  an  unemployed  person  can  request 
unemployment benefits while searching for a job in another Member State from three to six months. 

The  European  Network  of  Employment  Services  (PES  Network)  is  implementing  the  Benchlearning 
project.  This  aims  to  improve  the  public  employment  services'  performance  by  linking  indicator-
based benchmarking with mutual learning to better address the active support to job seekers.  

The  Commission  is  working,  together  with  Member  States,  on  developing  benchmarks  for 
unemployment benefits and active labour market policies. 

132 C(2017) 2610. 
133 COM(2016) 815 final, 13.12.2006. 

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Principle 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.   

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article  34(3)  of  the  Charter  affirms  recognition  and  respect  of  the  right,  among  others,  to  social 
assistance to ensure a decent existence for all those who lack sufficient resources in accordance with 
the rules laid down by EU law and national laws and practices. 

b) EU legislative powers and their limits 

Article 153(2) of the Treaty on the Functioning of the European Union (TFEU), empowers the EU to 
adopt  measures  to  support  and  complement  the  activities  of  Member  States  in  the  field  of  the 
integration  of  persons  excluded  from  the  labour  market.  Article  153(4)  provides  that  provisions 
adopted  under  Article  153  TFEU  must  not  affect  the  right  of  Member  States  to  define  the 
fundamental principles of their social security system and must not significantly affect the financial 
equilibrium thereof. Article 156 TFEU tasks the Commission to encourage cooperation between the 
Member States and facilitate coordination of their action in all social policy fields under Title X of the 
TFEU. 

c) Existing measures in this field  

Council Recommendation 92/441/EEC on common criteria concerning sufficient resources and social 
assistance 
Income 
Recommendation")134 calls on Member States to recognise the right to social assistance and sets out 
principles and guidelines to implement this right. 

in  social  protection  systems 

(commonly  known  as 

the  "Minimum 

Commission Recommendation 2008/867/EC135 on the active inclusion of persons excluded from the 
labour market calls on Member States to combine adequate income support with access to quality 
services and inclusive labour market measures in an integrated active inclusion strategy. This call to 
the  Member  States  was  reiterated  in  the  Council  Recommendation  of  15  February  2016  on  the 
integration of the long-term unemployed into the labour market.136 

134 Council Recommendation 92/441/EEC of 24 June 1992, OJ L 245, 26.8.1992, p. 46. 
135  Commission  Recommendation  2008/867/EC  of  3  October  2008  on  the  active  inclusion  of  people  excluded  from  the 
labour market, OJ L 307, 18.11.2008, p. 11, endorsed by the Council of the European Union on 17 December 2008. 
136 Council Recommendation of 15 February 2016, OJ C 67, 20.2.2016, p. 1. 

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2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  sets  out  a  right  for  everyone  who  lacks  sufficient  resources  to  access  minimum  income 
benefits. In the case of people who are able to work, benefits should be combined with incentives to 
(re)integrate 
labour  market.  The  Pillar  goes  beyond  the  1992  Minimum  Income 
Recommendation by explicitly stating the right to a minimum income that ensures a life in dignity. 
The  concept  of  "minimum  income",  pointing  to  a  specific  form  of  benefit,  is  used  explicitly  for  the 
first time, replacing the more generic terms such as "social assistance" or "sufficient resources". 

into  the 

Minimum  income  aims  to  prevent  destitution  of  people  who  are  not  eligible  for  social  insurance 
benefits,  or  whose  entitlement  to  such  benefits  has  expired,  thus  combating  poverty  and  social 
exclusion.  Such  benefits  should  also  ensure  a  life  in  dignity  at  all  stages  of  life,  combined  with 
effective  access  to  enabling  services137,  which  allow  people  to  actively  participate  in  the  labour 
market  and  society.  Such  benefits  are  non-contributory,  universal  and  means-tested.  They  require 
people to be available for work or participate in community activities, if the individuals are capable. 

An  important  element  of  ensuring  incentives  to  work  is  that  the  design  of  the  benefit  should  be 
consistent  with  other  benefits  and  preserve  financial  incentives  to  take  up  a  job.  This  avoids 
situations  where  minimum  income  beneficiaries  are  trapped  in  inactivity.  Such  incentives  can  take 
the form of requiring the person receiving the benefit to use employment services, which together 
with other enabling services can support labour market reintegration. 

3. Implementation 

a) What Member States and Social Partners can do 

Member  States  are  responsible  for  implementing  the  guidelines  and  recommendations  on  social 
protection agreed at EU level.  To give effect to the Principle, Member States are invited to update 
and extend their practice concerning the design and payment of minimum income benefits. 

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives based on Article 153 TFEU, and can sign agreements which can be implemented at EU level 
at their request in accordance with Article 155 TFEU. Social partners can also collect and exchange 
good  practice  across  the  EU.  Nationally,  social  partners  can  support  the  implementation  of  this 
principle through involvement in the design and implementation of relevant policies.  

Good practice in the spirit of the Pillar 

137 A definition of "enabling services” is mentioned in the Social Investment Package, COM(2013)39: ''The term 
‘enabling services’ refers to various services supporting active, social, and economic inclusion policies. Social 
assistance services, employment and training services, housing support and social housing, childcare, long-term 
care services and health services are all examples of such provision.'' 

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In Estonia since January 2018, the subsistence benefit line has increased, having mostly an impact on 
reducing the poverty of the households with three and more children. Also, the subsistence benefit 
scheme is changed to motivate the beneficiaries to work. According to the plans of the Government, 
if a beneficiary of the subsistence benefit goes to work, then for 2 months his/her salary will not be 
taken into consideration as income, following a 4 months period when 50% of the salary will be taken 
into account as income when the subsistence benefit is calculated. In addition, it is foreseen not to 
include  the  salary  earned  by  school  pupils  into  the  income  of  the  family  upon  calculating  the 
subsistence benefit.  

In Italy the new scheme (Reddito di inclusione) became operational as from January 2018.  The 2018 
Budget  Law  allocates  funding  to  extend  the  measure  to  individuals,  regardless  of  family  status. 
Funding  was  increased  from  the  original  EUR  1.7  billion  to  EUR  2  billion  in  2018  (around  0.1  %  of 
GDP) and will progressively increase to EUR 2.7 billion by 2020. The scheme is the result of synergies 
between  national  and  EU  policies  and  funds.  Its  design  follows  a  wide  consultation  and  a  strong 
participatory  approach,  and  reinforces  activation  measures,  supported  by  European  Social  Fund 
allocated funds. 

b) Recent and ongoing initiatives at EU level 

The efficient set up of minimum income schemes at national level is explored in the benchmarking 
exercise  in  the  framework  of  the  Social  Protection  Committee.  The  identified  indicators  are  used 
within  the  European  Semester  process  of  economic  policy  coordination,  to  which  the  Social 
Protection  Committee  contributes.  The  Open  Method  of  Coordination  in  the  Social  Protection 
Committee  ensures  policy  coordination  and  monitors  the  progress  of  the  Member  States  through 
various exercises such as peer reviews planned for 2018 in the field. EU financial instruments and in 
particular  the  European  Social  Fund  play  an  important  role  by  supporting  structural  reforms  to 
improve the efficiency of social policies and services. 

In order to alleviate the worst forms of poverty in the Union the Fund for European Aid to the Most 
Deprived  provides  non-financial  assistance  to  the  most  deprived  persons.  In  particular  through 
distribution  of  food  or  basic  consumer  goods,  and/or  provision  of  social  inclusion  non-financial 
measures. 

The  Commission  has  been  supporting  Member  States  to  improve  their  minimum  schemes  through 
the  European  Minimum  Income  Network138.  The  work  of  the  Network  focused  on  promoting 
adequate  and  accessible  minimum  income  schemes  and  disseminating  a  methodology  for  cross-
nationally comparable reference budgets in the Member States. 

138 https://emin-eu.net/what-is-emin/ 

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Principle 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.  

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article 25 of the Charter affirms recognition and respect for the rights of the elderly to lead a life of 
dignity  and  independence.  Article  34  of  the  Charter  affirms  respect  for  the  entitlement  to  social 
security benefits and social services providing protection, among others, in cases such as dependency 
or old age, in accordance with the rules laid down by EU law and national laws and practices and the 
entitlement  to social security benefits  and social services in old age. Article 23 guarantees equality 
between men and women in all areas. 

b) EU legislative powers and their limits 

Article  151  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU)  affirms  that,  among 
others,  one  of  the  objectives  of  the  EU  and  its  Member  States  is  the  promotion  of  proper  social 
protection.   Article 153(2) TFEU  empowers the EU to adopt measures in the area of social security 
and  social  protection  of  workers.    Article  153(4)  provides  that  any  acts  adopted  under  Article  153 
TFEU must not affect the right of Member States to define the fundamental principles of their social 
security system and must not significantly affect the financial equilibrium thereof. Article 156 TFEU 
empowers the Commission to encourage cooperation between the Member States and facilitate the 
coordination of their action in all social policy fields, including in the field of social security.   

Article  19  TFEU  empowers  the  EU  legislature  to  take  appropriate  action  to  combat  discrimination, 
including discrimination based on gender. Article 157(3) TFEU empowers the EU legislature to adopt 
measures  to  ensure  the  application  of  the  principle  of  equal  opportunities  and  equal  treatment  of 
men and women in employment and occupation.  

c) Existing measures in this field 

There are  a  number  of  Directives  which  implement  the  principle  of  equal  treatment between men 
and  women,  among  others,  in  relation  to  pensions,  covering  statutory  schemes,  occupational  and 
personal pensions.139 

139  Directive  79/7/EEC  on  the  implementation  of  the  Principle  for  men  and  women  in  matters  of  social  security,  OJ  L  6, 
10.1.1979, p. 24; Directive 2006/54/EC on the implementation of the equal opportunities and equal treatment of men and 

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Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of 
social  security  systems140  provides  for  the  aggregation  of  periods  of  insurance  and  the  right  for 
pensioners who worked in another EU Member State to export their pensions. 

The EU has also adopted Directives concerning occupational pension schemes, dealing in particular 
with cross-border situations.141  

Council  Recommendation  92/442/EEC142  on  the  convergence  of  social  protection  objectives  and 
policies  covers  social  insurance  for  workers  in  relation  to  sickness,  maternity,  unemployment  and 
incapacity for work; minimum subsistence for the elderly; and social protection of the family.  

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar calls for an adequate pension for both workers and the self-employed. Thus, the Pillar goes 
beyond existing EU legislation by covering also the self-employed. It also calls for equal opportunities 
for both women and men to acquire old-age pension rights. At present, the pensions of women are 
lower than those of men largely due to the impact on contribution records of lower pay, more part-
time working and shorter, more interrupted careers linked to caring obligations. Equal opportunities 
to  build  old-age  income  rights  require,  in  conjunction  with  labour  market  and  work-life  balance 
measures,  equal  pensionable  ages  and  adequate  crediting  of  pension  rights  for  care  periods.  The 
Pillar  goes  further  than  the  1992  Recommendation  by  calling  for  equality  of  opportunity  between 
women and men when it comes to acquiring pension rights. 

The Pillar calls for an adequate income at old age without regard to the type of pension system. Thus, 
it  covers  all  three  pillars  of  the  pension  system.  Funded  supplementary  pension  systems  are 
becoming  more  important  alongside  state-based  pension  systems.  Facilitating  and  encouraging 
lifelong saving for retirement, including fiscal incentives, is an important flanking measure. 

The Pillar provisions apply to income support for older people irrespective of its form. They aim to 
prevent  poverty 
living.  The  1992 
in  old  age  and  maintain  retired  people's  standard  of 
Recommendation  on  Convergence  of  Social  Protection  Objectives  and  Policies  deals  with  both 
poverty protection and income maintenance. However, the principle sets the bar higher by speaking 
about the right to a pension ensuring an adequate income. 

women in employment and occupation OJ L 2004, 26.7.2006, p. 23; Directive 2004/113/EC on the implementation of the 
Principle of men and women in the access to and supply of goods and services, OJ L273, 21.12.2004, p.37. 
140  Regulation  883/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  the  coordination  of  social 
security systems, OJ L 166, 30.04.2004, p.1.  
141  Council  Directive  98/49/EC  of  29  June  1998  on  safeguarding  the  supplementary  pension  rights  of  employed  and  self-
employed  persons  moving  within  the  Community,    OJ  L 209,  25.7.1998,  p. 46;  Directive  2014/50/EU  on  minimum 
requirements  for  enhancing  worker  mobility  between  Member  States  by  improving  the  acquisition  and  preservation  of 
supplementary pension rights, OJ L 128, 30.4.2014, p.1;  Directive (EU) 2016/2341 of the European Parliament and of the 
Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) 
OJ L 354, 23.12.2016, p.37. 
142  Council Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies OJ 
L 245, 26.8.1992, p. 49. 

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3. Implementation    

a) What Member States and Social Partners can do 

Member States retain the right to define the fundamental principles of their social security systems. 
They are invited to adapt their rules in order to give effect to the principle, in addition to transposing 
and enforcing rules adopted at EU level. 

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives based on Article 153 TFEU, and can sign agreements which can be implemented at EU level 
at their request in accordance with Article 155 TFEU. Social partners can also collect and exchange 
good  practice  across  the  EU.  Nationally,  social  partners  can  support  the  implementation  of  this 
principle through involvement in the design and implementation of relevant policies.  

Good practice in the spirit of the Pillar 

In  October  2017  in  Estonia,  a  lump  sum  support  of  115  €  per  year  was  introduced  for  pensioners 
living  alone  with  pension  lower  than  1.2  times  the  amount  of  average  old-age  pension  (less  than 
470€).  The  aim  of  the  allowance  is  to  improve  financial  independence  and  reduce  poverty  of 
pensioners’ living alone. The absolute poverty rate of the elderly is rather low, however, the relative 
poverty rate is high (40.1% in 2014), whereas people who live alone and are over 65 years of age the 
rate  of  relative  poverty  reaches  up  to  73.8%.  As  the  result  of  paying  pensioner’s  living  alone 
allowance  the  relative  poverty  rate  of  pensioners  who  live  alone  would  decrease  5.5  percentage 
points. 

b) Recent and ongoing initiatives at EU level 

The Commission is presenting a proposal for a recommendation on "Access to Social Protection for 
workers  and  the  self-employed",  as  part  of  the  "Social  Fairness  Package".  The  proposal  for  a 
recommendation  aims  to  support  all  self-employed  and  non-standard  workers  who,  due  to  their 
contract  type  or  employment  status,  are  not  sufficiently  protected  by  social  security  schemes 
regarding  unemployment,  sickness  and  healthcare,  maternity  or  paternity,  accidents  at  work  and 
occupational  diseases,  disability  and  old  age.  The  initiative  addresses  gaps  in  access  to  social 
protection  faced  by  people  employed  on  non-standard  contracts  and  in  various  forms  of  self-
employment  as  well  as  occupational  rights  and  ways  to  make  pension  rights  transferable  and 
transparent when changing employer, contract type or moving to self-employment.  

While public pension schemes are the backbone of old age income support supplementary pension 
schemes  can  also  contribute  to  a  more  adequate  income  protection.  In  its  action  plan  on  Capital 
Markets  Union  of  30  September  2015,  the  Commission  committed  to  analyse  ways  to  increase 
choices for retirement saving and build an EU market for personal pensions. The Commission made a 

EN 

70 

 
 
 
 
 
proposal143  to  create  a  pan-European  personal  pensions  product  alongside  domestic  personal 
pension schemes.  

The  adequacy  of  pension  systems  at  national  level  is  also  being  explored  in  the  benchmarking 
exercise in the framework of the Social Protection Committee. 

The  Commission  has  decided  to  set  up  a  high  level  group  on  pensions  to  provide  policy  advice  on 
improving  the  provision,  safety  through  prudential  rules, 
matters  related  to  ways  of 
intergenerational balance, adequacy and sustainability of supplementary pensions (occupational and 
personal). The high level group is expected to present an independent report in 2019. 

143 COM/2017/0343 final 

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Principle 16 - Health care  

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

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article 35 of the Charter recognises that everyone has the right of access to medical treatment and 
preventive health care under the conditions established by national laws and practices. 

b) EU legislative powers and their limits 

Article 153(2) of the Treaty on the Functioning of the European Union (TFEU) empowers the EU to 
adopt measures to support and complement the activities of the Member States in the area of social 
security and social protection of workers.   

Pursuant to Article 153(4) acts adopted under Article 153 TFEU shall not affect the right of Member 
States to define the fundamental principles of their social security system and shall not significantly 
affect the financial equilibrium thereof. 

Under  Article  168(2)  TFEU  the  EU  is  to  encourage  cooperation  between  the  Member  States  in  the 
area of human health and, if necessary, lend support to their action. The Commission may, in close 
contact  with  the  Member  States,  take  any  useful  initiative  to  promote  coordination  between  the 
Member  States  in  this  area,  in  particular  initiatives  aiming  at  the  establishment  of  guidelines  and 
indicators,  the  organisation  of  exchange  of  best  practice,  and  the  preparation  of  the  necessary 
elements for periodic monitoring and evaluation. Articles 168(1) and (7) TFEU provide that EU action 
must complement national policies and respect the responsibilities of the Member States and must 
be  directed  towards  improving  public  health,  preventing  physical  and  mental  illness  and  diseases, 
and obviating sources of danger to physical and mental health. 

Article 48 TFEU requires the EU legislature to adopt such measures in the field of social security as 
are necessary to provide freedom of movement for workers between Member States. 

c) Existing measures in this field 

The EU legislation on pharmaceutical products144 and on substances of human origin145 set common 
standards for accessibility, quality and safety of these products across the EU internal market. 

144  Directive  2001/83/EC  of  the  European  Parliament  and  of  the  Council  of  6  November  2001  on  the  Community  code 
relating to medicinal products for human use; Regulation (EC) No 726/2004 of the European Parliament and of the Council 
of  31  March  2004  laying  down  Community  procedures  for  the  authorisation  and  supervision  of  medicinal  products  for 
human and veterinary use and establishing a European Medicines Agency (Consolidated version: 05/06/2013). 

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Council  Recommendation  92/442/EEC146  calls  on  Member  States  to  ensure,  among  other  things,  
access  to  necessary  healthcare  and  to  facilities  seeking  to  prevent  illness  for  all  persons  who  are 
legally resident within their territory. Each Member State is to determine the conditions under which 
access is ensured. 

Council Recommendation 9 June 2009147 calls on Member States to cooperate on patient safety and 
the related standards, including the prevention and control of healthcare associated infections. 

Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of 
social  security  schemes148  covers,  among  other  things,  access  to  healthcare  for  mobile  citizens. 
Furthermore, Directive 2011/24/EU of the European Parliament and of the Council149 lays down rules 
intended to facilitate the receipt of cross-border health care within the EU. 

European Structural and Investment Funds, including the European Regional Development Fund and 
the European Social Fund, have supported the provision of access to health and social care services, 
with a focus on community-based services150. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  sets  out  a  general  right  of  access  to  good  quality  preventive  health  care  and  medical 
treatment. It goes beyond Article 35 of the Charter in that it calls for timely access to healthcare and 
stipulates that it should be affordable and of good quality.  

Timely access means that everyone is able to access healthcare whenever they need it. Implementing 
the  principle  requires  a  balanced  geographical  location  of  health  care  facilities  and  health 
professionals, as well as policies to minimise long waiting periods.  

Affordable health care means that people should not be prevented from using needed care because 
of the cost.  

The  provision  of  the  Pillar  on  healthcare  includes  the  right  to  healthcare  of  good  quality,  meaning 
that healthcare should be timely, relevant, appropriate, safe and effective.  

145 https://ec.europa.eu/health/blood_tissues_organs/policy_en 
146 Council Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies, OJ 
L 245, 26.08.1992, p. 49. 
147  Council  Recommendation  of  9  June  2009  on  patient  safety,  including  the  prevention  and  control  of  healthcare 
associated infections OJ C 151 03.07.2009. 
148  Regulation  883/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  the  coordination  of  social 
security systems, OJ L 166, 30.04.2004, p.1.  
149  Directive 2011/24/EU  of  the  European Parliament  and  of  the  Council of  9 March  2011 on  the  application  of  patients’ 
rights in cross-border healthcare, OJ L 88, 4.4.2011, P. 45 – 65. 
150 Regulation 1303/2013 laying down common provisions on the European Regional Development Fund, the European 
Social Fund, the Cohesion Fund, the Agricultural Fund for Rural Development and the European Maritime and Fisheries 
Fund 

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Finally, preventive and curative healthcare means access to medical treatment and public health 
services, including health promotion and disease prevention.  

3. Implementation    

a) What Member States and Social Partners can do 

Member States are responsible for the definition of their health policy and for the organisation and 
delivery of health services and medical care, and retain the right to define the fundamental principles 
of their social security systems. They are invited to adapt their rules to give effect to the principle, in 
addition to transposing and enforcing rules adopted at EU level. 

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives based on Article 153 TFEU, and can sign agreements which can be implemented at EU level 
at their request in accordance with Article 155 TFEU. Social partners can also collect and exchange 
good  practice  across  the  EU.  Nationally,  social  partners  can  support  the  implementation  of  this 
principle through involvement in the design and implementation of relevant policies.  

Good practice in the spirit of the Pillar 

The good performance of the healthcare system in France is confirmed by one of the lowest rates of 
unmet  medical  care  needs  in  the  EU  and  by  the  limited  out  of  pocket  expenditure.  The  new 
dedicated plan for access to care in the regions presented in October 2017 is aimed at progressively 
reducing  persisting  geographical  disparities,  inter  alia  by  promoting  the  recruitment  of  health 
workers in underserved regions, the creation of multidisciplinary medical homes and telemedicine. 

b) Recent and ongoing initiatives at EU level  

Directive  2011/24/EU  establishes  cooperation  between  the  Member  States'  health  systems  for 
addressing  common  challenges  such  as  access  to  healthcare,  in  particular  through  the  recently 
launched European Reference Networks; the cooperation on Health Technology Assessment; and the 
cooperation  in  the  eHealth  Network  and  within  the  Digital  Single  Market.  On  31  January  the 
Commission adopted a proposal for a Regulation to strengthen EU cooperation on health technology 
assessment151. 

In  2018,  the  European  Commission  will  launch  a  Joint  Action  on  vaccination  to  support  national 
vaccination efforts with the aim of increasing coverage. 

151 COM(2018)51 final 

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Principle 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. 

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article 21 of the Charter prohibits any discrimination including on grounds of disability. Article 26 of 
the  Charter  recognises  the  right  of  people  with  disabilities  to  benefit  from  measures  designed  to 
ensure  their  independence,  social  and  occupational  integration  and  participation  in  the  life  of  the 
community.  Article  34  of  the  Charter  recognises  the  entitlement  to  social  security  benefits  and 
services in cases such as dependency or loss of employment.  

b) EU legislative powers and their limits 

Article 19 of the Treaty on the Functioning of the European Union (TFEU) empowers the EU to take 
appropriate action to combat discrimination, including discrimination based on disability.  

Article  153  TFEU  empowers  the  EU  to  adopt  measures,  including  directives  setting  minimum 
requirements,  to  support  and  complement  the  activities  of  the  Member  States  in  the  fields  of  – 
among others - the improvement of the working environment to protect workers' health and safety; 
working conditions; social security and social protection of workers; and the integration of persons 
excluded from the labour market. Based on Article 153 TFEU, the EU is also empowered to support 
and complement the activities of the Member States in the field of combating social exclusion.  

c) Existing measures in this field 

The  EU  is  a  party  to  the  UN  Convention  on  the  Rights  of  Persons  with  Disabilities  (UNCRPD),152  an 
international  legally  binding  instrument  setting  minimum  standards  for  the  rights  of  people  with 
disabilities.  27  EU  Member  States153  are  also  parties  to  the  Convention.  The  UNCRPD  requires  its 
parties  to  adopt  all  appropriate  measures  for  the  implementation  of  the  rights  recognised  in  the 
Convention. These include the right of people with disabilities to work on an equal basis with others, 
to an adequate standard of living and social protection, to live independently and to be included in 
the community.  

Council Directive 2000/78/EC154 (the Employment Equality Directive) prohibits discrimination on the 
grounds of disability, among others, as regards access to employment, self-employment, occupation 

152 Council Decision of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations 
Convention on the Rights of Persons with Disabilities, OJ L 23, 27.1.2010, p. 35. 
153 Except Ireland which is finalising the ratification process. 
154  Council  Directive  2000/78/EC  of  27  November  2000  establishing  a  general  framework  for  equal  treatment  in 

employment and occupation, OJ L 303, 2.12.2000, p. 16. 

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and vocational training. It requires employers to provide reasonable accommodation, which means 
to take appropriate measures, where needed in a particular case, to enable a person with a disability 
to  have  access  to,  participate  in,  or  advance  in  employment,  or  to  undergo  training,  unless  such 
measures would impose a disproportionate burden on the employer.  

The  core  elements  of  the  UNCRPD  are  reflected  in  the  European  Disability  Strategy  2010-2020,155 
through which the Commission promotes the participation of people with disabilities in society and 
in the labour  market, decent living  conditions  and  social inclusion. Moreover,  provisions related to 
people  with  disabilities  are 
legislation  such  as  on  transport, 
telecommunication, consumer protection, state aid, public procurement or health and safety.  

in  EU  sectoral 

included 

The  Commission  encourages  Member  States  to  ensure  that  people  with  special  needs  receive 
support  within  the  general  education  system.  It  does  so  mostly  through  the  European  Agency  for 
Special Needs and Inclusive Education, established in 1996. The Agency supports reforms at national 
level  through  long-term  cooperation,  expertise  and  knowledge  exchange,  working  directly  with 
ministries of education on a voluntary basis. The Agency's reviews help Member States meting the 
international  standards  set  in  the  UN  Convention  on  the  Rights  of  Persons  with  Disabilities,  in 
particular article 24. Through European Structural and Investment Funds and Erasmus+ funding, the 
Commission also supports concrete projects promoting inclusive education and mobility of students 
with disabilities. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  reflects  the  comprehensive  human  rights-based  approach  to  disability  enshrined  in  the 
UNCRPD,  based  on  respect  for  dignity,  individual  autonomy  and  independence  of  persons  with 
disabilities, their full and effective participation and inclusion in society on equal basis with others, 
and equality of opportunity.  

The  Pillar  highlights  the  right  to  income  support  as  one  of  the  elements  of  social  protection,  to 
services that enable people with disabilities to participate in the labour market and in society, and to 
an adapted work environment as key measures for people with disabilities to access other rights set 
out in the principles of the Pillar, and to enjoy full equality and inclusion at work and in society. By 
specifying  the  necessary,  mutually  reinforcing  combination  of  these  measures,  the  principle  goes 
beyond the existing EU legislation.  

3. Implementation 

a) What Member States and Social Partners can do 

Member States are responsible for the transposition and enforcement of rules adopted at EU level. 
Those Member States which have ratified the UNCRPD are responsible for its full implementation in 
matters  falling  under  their  competence.  The  EU  measures  referred  to  above  contain  minimum 

155  Communication  from  the  Commission to the  European  Parliament, the  Council, the  European  Economic and Social 
Committee and the Committee of the Regions - European Disability Strategy 2010-2020: A Renewed Commitment to a 
Barrier-Free Europe, COM/2010/0636 final.  

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standards  and  Member  States  are  invited  to  go  beyond  these  rules  in  order  to  give  effect  to  the 
principle, including taking positive action to ensure inclusion of people with disabilities on an equal 
basis  with  others.  In  doing  so,  Member  States  should  closely  consult  with  and  actively  involve 
persons with disabilities. 

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives based on Article 153 TFEU, and can sign agreements which can be implemented at EU level 
at their request in accordance with Article 155 TFEU. Social partners can also collect and exchange 
good  practice  across  the  EU.  Nationally,  social  partners  can  support  the  implementation  of  this 
principle through involvement in the design and implementation of relevant policies.    

Good practice in the spirit of the Pillar 

In Slovakia, the European Social Fundis funding  support and placement measures for young people 
not in employment, education or training up to 29 years of age, who are either disabled or grew up in 
the foster care. Several of most promising practices in Sweden are practices that built on the method 
Supported employment. In these practices a person with disabilities are given individual support by 
an  employment  specialist  when  entering  the  labour  market  and  in  maintaining  a  job.  There  are 
several good examples which have started as projects, often funded by the European Social Fund. 

In  Bulgaria,  an action  plan  for  the implementation  of  the National  Long-Term  Care  Strategy (2018-
2021) adopted  in  January  2018,  envisages  integrated  measures  for  provision of  quality services  for 
long-term  care  of  vulnerable  people  and  new  infrastructure.  Support  measures  in  the  community, 
development  of  social  enterprises  and  improved  legal  framework  will  enhance  social  inclusion 
opportunities  and improve the quality of life of people with disabilities and older people. 

b) Recent and ongoing initiatives at EU level 

The  Commission  continues  to  support  negotiations  for  the  adoption  of  the  proposed  European 
Accessibility Act. The Act aims to ensure accessibility of certain products and services in the internal 
market, thus facilitating people with disabilities' employment and participation in society on an equal 
basis with others. 

The Commission, as the focal point for the implementation of the UNCRPD at EU level, will continue 
to mainstream matters relating to disability in all relevant EU policies and legislation, including in all 
relevant areas of the European Pillar of Social Rights. 

The Commission will also continue to support negotiations for the adoption by the EU legislature of 
its  proposal  for  a  Council  Directive  to  expand  protection  against  discrimination, 
including 
discrimination  based  on  disability156  to  social  protection,  including  social  security  and  healthcare; 
education;  social  advantages;  and  access  to  goods  and  services  which  are  available  to  the  public, 
including housing. 

156  Proposal  for  a  Council  Directive  on  implementing  the  Principle  of  equal  treatment  between  persons  irrespective  of 

religion or belief, disability, age or sexual orientation {SEC (2008) 2180} {SEC (2008) 2181}. 

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Principle 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.  

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article  25  of  the  Charter  recognises  and  respects  the  rights  of  the  elderly  to  a  life  of  dignity  and 
independence and to participate in social and cultural life. Article 26 of the Charter recognises and 
respects  the  right  of  people  with  disabilities  to  benefit  from  measures  designed  to  ensure  their 
independence,  social  and  occupational  integration  and  participation  in  the  life  of  the  community.  
Article  34  confirms  the  need  for  respect  for  the  entitlement  to  social  security  benefits  and  social 
services providing protection, inter alia in cases such as illness, dependency or old age, in accordance 
with the rules laid down by EU law and national laws and practices.  

b) EU legislative powers and their limits 

Article 153(2) of the Treaty on the Functioning of the European Union (TFEU) empowers the EU to 
adopt measures which support and complement the activities of the Member States in the fields of 
social  security  and  social  protection  of  workers,  combatting  social  exclusion  and  modernisation  of 
social protection systems. 

Article  153(4)  provides  that  any  acts  adopted  under  Article  153  TFEU  must  not  affect  the  right  of 
Member  States  to  define  the  fundamental  principles  of  their  social  security  system  and  must  not 
significantly affect the financial equilibrium of these systems. 

c) Existing measures in this field 

Council  Recommendation  92/442/EEC  on  the  convergence  of  social  protection  objectives  and 
policies157  calls  on  Member  States  to  take  appropriate  social  security  measures  with  regard  to  the 
specific  needs of the elderly where they are dependent on outside care and services.  Commission 
Recommendation 2008/867/EC on the active inclusion of people excluded from the labour market158 
recommends that Member States should provide services that are essential to supporting active and 
economic inclusion policies, including long-term care services. 

157 Council Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies OJ 
L 245, 26.8.1992, p. 49. 
158 The Commission Recommendation (2008/867/EC) on the active inclusion of people excluded from the labour market, OJ 
L 307, 18.11.2008, p.11-14. 

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Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of 
social security schemes159 covers, among others, access to long-term care benefits for mobile citizens.   

The  European  Structural  and  Investment  Funds  provide  funds  to  Member  States  for  co-financing 
investments  in  social  services  and  health  care,  which  reinforce  the  shift  from  a  hospital-  and 
institution-centred model to community-based care and integrated services. The funds also support 
the  development  of  long-term  care  services  through  the  training  of  formal  carers.  The  European 
Social Fund may be used to improve access to affordable, sustainable and high-quality health care, 
employment and training services, services for the homeless, out of school care, childcare and long-
term  care  services160.  The  European  Agricultural  Fund  for  Rural  Development  supports  the  local 
initiatives in rural areas including the establishment of basic services. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar affirms for the first time at EU level the right to long-term care services for persons who are 
reliant  on  care.  It  calls  for  high-quality  services  to  help  frail  or  dependent  people  maintain  their 
health and functional status for as long as possible and improve their autonomy. Furthermore, the 
Pillar requires care services to be affordable since formal care services can have significant financial 
costs,  leaving  many  persons  who  are  reliant  on  care  with  unmet  needs.  While  the  Charter  of 
Fundamental  Rights  sets  out  that  older  people  should  have  the  right  to  live  with  dignity  and 
independence,  the  affordability,  adequacy  and  quality  of  the  services  provided  are  central  to  the 
practical application of this right. 

The Pillar privileges home-care (provided at the home of a person in need of care) and community-
based  services  (range  of  care  services  of  a  non-institutional  character)  and  therefore  goes  a  step 
further  than  the  Commission  2008  Recommendation  on  active  inclusion.    Developing  community-
based  services  helps  persons  with  long-term  care  needs  and  with  disabilities  to  live  independently 
and to be included in the community.161 This generally respects the preferences of persons in need of 
care to maintain independent living for as long as possible. 

3. Implementation  

a) What Member States and Social Partners can do 

Member States retain the right to define the fundamental principles of their social security systems. 
They are invited to adapt their rules in order to give effect to the principle, in addition to transposing 
and enforcing rules adopted at EU level. 

At  EU  level,  social  partners  must  be  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives based on Article 153 TFEU, and can sign agreements which can be implemented at EU level 

159  Regulation  883/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  the  coordination  of  social 
security systems, OJ l 166, 30.04.2004, p. 1.  
160 Regulation 1304/2013 on the European Social Fund (ESF). 
161 In line with the UN Convention on the Rights of Persons with Disabilities. 

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at their request in accordance with Article 155 TFEU. Social partners can also collect and exchange 
good  practices  across  the  EU.  Nationally,  social  partners  can  support  the  implementation  of  this 
principle through involvement in the design and implementation of relevant policies.  

Good practice in the spirit of the Pillar 

Germany  has  recently  reformed  its  long-term  care  system  by  implementing  three  so-called  ‘Long-
term  Care  Strengthening  Acts’.  The  most  significant  amendment  was  the  introduction  of  a  new 
definition  of  long-term-care  needs  (in  force  from  1  January  2017).  The  newly  designed  assessment 
instrument now takes into account the need of people with dementia and hence improves access to 
long-term  care  insurance  benefits  for  this  group  of  beneficiaries.  The  new  legal  regulations  also 
increased the level of all existing benefits significantly, in particular those related to home care. New 
services  for  support,  in  particular  the  funding  of  day-care,  and  assistance  to  everyday  life  were 
introduced.  Care  homes  were  provided  with  additional  support  staff  and  the  coordination  of  care 
was improved, in particular by strengthening the role of local municipalities. 

In 2017, a long-term care leave was introduced in the Czech Republic – after acute hospitalization, 
which  results  in  the  need  of  long-term  care,  a  family  member  who  is  an  employee  may  ask  their 
employer  for  up  to  90  days  of  leave.  During  the  leave,  the  person  is  entitled  to  a  benefit  in  the 
amount of 60 % of their monthly wage, which is paid from the health insurance scheme. 

b) Recent and ongoing initiatives at EU level 

Together  with  the  European  Pillar  of  Social  Rights,  the  Commission  presented  the  "New  start  to 
support work-life balance for parents and carers"162 initiative. It includes a proposal for a Directive on 
work-life  balance  for  parents  and  carers,  and  a  Communication  with  a  number  of  complementary 
non-legislative measures,  such as  providing  EU  funding to  support more  and  better  long-term  care 
facilities. 

The Commission continues to support negotiations on the proposal presented in December 2016 for 
amending  Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council  on  the 
coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure 
for implementing Regulation (EC) No 883/2004.163  The proposal aims to establish a coherent regime 
for the coordination of long-term care benefits in cross-border situations.  

162 COM(2017)253 
163 COM(2016) 815 final, 13.12.2006. 

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Principle 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.  

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article  34(3)  of  the  Charter  affirms  recognition  and  respect  of  the  right,  among  others,  to  housing 
assistance to ensure a decent existence for all those who lack sufficient resources, in accordance with 
the rules laid down by EU law and national laws and practices. 

b) EU legislative powers and their limits 

Article 153 (2) of the Treaty on the Functioning of the European Union (TFEU) empowers the EU to 
adopt measures to support and complement the activities of its Member States in the fields of social 
security and social protection of workers, combating social exclusion and the modernisation of social 
protection  systems.  Article  156  TFEU  tasks  the  Commission  encourage  cooperation  between  the 
Member  States  and  facilitate  coordination  of  their  action  in  all  social  policy  fields  in  Title  X  of  the 
TFEU.   

Article  153(4)  provides  that  any  acts  adopted  under  Article  153  TFEU  must  not  affect  the  right  of 
Member  States  to  define  the  fundamental  principles  of  their  social  security  system  and  must  not 
significantly affect the financial equilibrium of these systems. 

c) Existing measures in this field 

Commission  Recommendation  2008/867/EC  on  the  active  inclusion  of  people  excluded  from  the 
labour  market  164  lays  down  that  Member  States  should  provide  services  that  are  essential  for 
supporting  social  inclusion  policies,  such  as  housing  support  and  social  housing.  Commission 
Recommendation  2013/112/EU  on  investing  in  children:  breaking  the  cycle  of  disadvantage165 
addresses the housing and living conditions of poor children. The EU Framework for National Roma 
Integration  Strategies166
  recognises  housing  as  a  key  area  of  intervention  for  the  inclusion  of 

164 OJ L307, 18.11.2008, p.11. 
165  Commission  Recommendation  2013/112/EU  of  20  February  2013  Investing  in  children:  breaking  the  cycle  of 
disadvantage OJ L 59, 2.3.2013, p. 5–16 
166  Communication  from  the  Commission    to  the  European  Parliament,  the  Council,  the  European  Economic  and  Social 
Committee  and the  Committee of  the  Regions,  An  EU Framework for National Roma  Integration  Strategies up to 2020 , 
COM/2011/0173 final. 

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disadvantaged Roma people. The UN Convention on the Rights of Persons with Disabilities recognises 
the  right  to  an  adequate  standard  of  living  for  people  with  disabilities  and  their  families,  including 
adequate  housing,  and  to  access  to  public  housing  programmes.  The  Convention  also  calls  for  its 
parties to take appropriate measures to ensure accessibility of housing. 

As regards access to shelter, EU legislation lays down specific protection for particularly vulnerable 
people such as unaccompanied children, asylum-seekers and refugees. Directive 2012/29/EU of the 
European Parliament and of the Council establishing minimum standards on the rights, support and 
protection  of  victims  of  crime167  provides  for  the  provision  of  shelter  or  any  other  appropriate 
interim accommodation.  

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar covers the different aspects of the right to housing in a comprehensive manner for the first 
time at EU level. 

While  the  Charter  of  Fundamental  Rights  provides  the  right  to  housing  assistance  and  to  a  decent 
existence  for  all  those  who  lack  sufficient  resources,  principle  19a  goes  further  by  referring  to  the 
provision  of  housing  support  in-kind,  namely  social  housing.  Either  social  housing  or  housing 
assistance  should  be  provided:  the  material  scope  of  the  principle  includes  the  whole  range  of 
possibilities  in  providing  support  in  relation  to  housing,  and  covers,  for  example,  housing  benefit, 
income support, rental guarantees and tax deductions.  

The  personal  scope  of  this  principle  is  also  wider  than  under  the  Charter  as  it  includes  housing 
assistance for everyone in need, not only for those who lack sufficient financial resources but equally 
those with special needs – due to their disabilities, family breakdown, etc.  

As  regards  assisting  vulnerable  people  in  the  case  of  eviction,  the  Pillar  represents  a  significant 
reinforcement  of  the  right  to  housing  and  housing  security  in  particular.  Vulnerable  people  can 
include  both  at-risk  tenants  and  dispossessed owners  at  risk  of  eviction.  The  Principle  requires  the 
provision  of  assistance  and  protection,  such  as  affordable  legal  representation,  advocacy  and 
mediation; or protective measures, such as access to debt management schemes, to mitigate the risk 
of homelessness. At the same time, the principle applies with due regard of the interests of landlords 
and in justified, lawful cases.  

Moreover,  the  Pillar  establishes  universal  access  to  adequate  shelters  for  everyone  in  a  homeless 
situation.  Adequate  housing  can  be  understood  in  terms  of  security  of  tenure,  affordability, 
habitability,  accessibility,  location  and  cultural  adequacy.  The  Pillar  also  sets  the  bar  higher  by 
promoting the reintegration of homeless people into society, by means of enabling social services.  

167    Directive  2012/29/EU  of  the  European  Parliament  and  of  the  Council  of  25  October  2012  establishing  minimum 
standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council  Framework  Decision 
2001/220/JHA, OJ L 315, 14.11.2012, p. 57. 

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3. Implementation 

a) What Member States can do 

Member States are invited to adopt measures, in particular, national, regional or local housing, cash 
and  in-kind,  to  support  universal  and  rapid  access  to  shelter  for  people  in  all  kinds  of  emergency 
situations as well as to enhance the coverage and the capacity of enabling social services in order to 
give effect to the principle. 

Good practice in the spirit of the Pillar 

In Ireland, a recent strategy “Rebuilding Ireland  - an Action Plan for Housing and Homelessness”168 
was launched in July 2016 and raised high hopes in terms of support for accelerating housing supply. 
The  plan  includes  5  pillars  of  action  aimed  at  fixing  a  broken  housing  system  through  measures  to 
boost private housing construction, increase the delivery of social housing  improve the private rental 
market, utilise existing vacant units and address the growing problem of homelessness. 

In  Poland,  a  new  “Housing  for  Young  People”  programme  (“Mieszkanie  dla  mlodych”)  is  being 
implemented over the period 2014-2018. Beneficiaries can receive State co-financing for purchasing 
a  flat  below  a  certain  size  and  price  defined  on  the  basis  of  the  local  average  property  values. 
Through  this  scheme  young  people  and  young  married  couples  can  access  better  mortgage 
conditions from banks to buy their first home. The total budget of this program is PLN 3553 million 
(approximately EUR 853 million)169. 

Austria pursues a supply-orientated housing strategy with focus on rental tenure. Several incentives 
aim at increasing production of new affordable housing units: (i) mobilising of land and introducing 
planning  obligations  or  land  use  regulation  (e.g.  "urban  development  agreements");  (ii)  reducing 
production  costs  by  adapting  standards  within  the  subsidized  sector  (which  usually  are  more 
ambitious  than  those  set  in  the  building  acts);  (iii)  introducing  special  offers  of  affordable  housing; 
e.g.  housing  with  reduced  amenities  (without  underground  parking  lots,  elevators  or  balconies)  or 
housing with reduced floor space but optimized floor plans. 

b) Recent and ongoing initiatives at EU level 

The  reform  of  social  housing,  the  accessibility  and  affordability  of  housing,  as  well  as  the 
effectiveness  of  housing  allowances  are  monitored  and  assessed  within  the  European  Semester 
process.  The  Open  Method  of  Coordination  in  the  Social  Protection  Committee  ensures  policy 
coordination and monitors the progress of the Member States.  

168 See: http://rebuildingireland.ie/ 
169 Auditing Union of Housing Co-operatives (ZRSM RP). See: http://zrsmrp.com.pl/i1.html  

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The implementation of the Principle will be supported by EU Funds, including the European Fund for 
Strategic Investments for social housing investments, the European Regional Development Fund for 
housing  and  social  infrastructure,  the  European  Social  Fund  for  social  services  and  the  Fund  for 
European  Aid  for  the  Most  Deprived  for  food  assistance  to  homeless  persons.  Under  the  Progress 
axis of the EU Programme for Employment and Social Innovation the European Union also supports 
financially  a  number  of  civil  society  organisations  active  in  the  promotion  of  social  inclusion  and 
poverty reduction, including organisations working on homelessness. 

The    Urban  Agenda  for  the  EU  is  a  recent  EU  initiative170  representing  a  new  multi-level  working 
method which promotes cooperation between Member States, cities, the European Commission and 
other stakeholders in order to stimulate growth, liveability and innovation in the cities of Europe and 
to  identify  and  successfully  tackle  social  challenges.  Twelve  Partnerships  have  been  created  up  to 
date. The Housing Partnerships' objectives are to foster affordable housing of good quality. The focus 
of  the  partnership  is  on  public  affordable  housing,  state  aid  rules  and  general  housing  policy.  The 
Urban  Poverty  Partnership  aims  to  contribute  to  the  reduction  of  poverty  and  to  improve  the 
inclusion of people in, or at risk of, poverty in particular in deprived neighbourhoods. The Jobs and 
Skills  in  the  local  economy  Partnership  aims  to  facilitate  the  local  economy,  by  increasing  capacity 
and  skills  of  the  workforce,  providing  favourable  preconditions  for  business  development  and 
creation of jobs, based on distinctive local specificities.  

170 See: https://ec.europa.eu/futurium/en/urban-agenda-eu/what-urban-agenda-eu  

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Principle 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.  

1. Existing EU law in this field 

a) The Charter of Fundamental Rights of the European Union 

Article 36 of the Charter provides that the EU recognises and respects access to services of general 
economic interest as provided for in national law and practices, in accordance with the Treaty on the 
Functioning of the European Union, in order to promote the social and territorial cohesion of the EU.  

b) EU legislative powers and their limits 

In accordance with Article 151 of the Treaty on the Functioning of the European Union (TFEU), one of 
the key objectives of the EU and its Member States is to ensure proper social protection and to fight 
exclusion. Article 14 TFEU provides that the EU and its Member States, each within their respective 
powers  and  within  the  scope  of  application  of  the  Treaty,  shall  ensure  that  services  of  general 
economic interest fulfil their mission. Protocol 26 recognises the essential role and wide discretion of 
national, regional and local authorities in providing, commissioning and organising these services and 
their  diversity  within  the  EU.  This  Protocol  also  highlights  that  values  of  quality,  safety  and 
affordability,  equal  treatment,  universal  access  and  users'  rights  are  shared  values  of  the  EU  in 
respect of services of general economic interest. Declaration 22 annexed to the Treaty of Amsterdam 
states that in drawing up measures under Article 114 TFEU, the institutions of the EU are to take into 
account the needs of people with disabilities. Article 106 TFEU lays down that undertakings entrusted 
with the operation of services of general economic interest are subject to the rules contained in the 
Treaty,  in  particular  the  rules  on  competition,  in  so  far  as  the  application  of  such  rules  does  not 
obstruct the performance, in law or in fact, of the particular tasks assigned to them.  

c) Existing measures in this field 

In  its  Quality  Framework,171  the  Commission  has  already  generally  recognised  the  importance  of 
services  of  general  economic  interest  as  a  cornerstone  of  the  European  social  model  and  its 
commitment  to  ensure  access  for  all  citizens  to  essential  services.  In  view  of  clarifying  the  legal 
setting  for  the  provision  of  such  services,  both  state  aid  and  public  procurement  (concession) 
legislation has been simplified and clarified for the benefits of public authorities and end-users. The 

171 A Quality Framework for Services of General Interest in Europe COM(2011) 900 final. 

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new  sets  of  rules  have  provided  more  legal  certainty  and  simplification  to  public  authorities  and 
undertakings.172 

The  sectorial  legislation  adopted  at  EU  level  has  always  carefully  taken  account  of  the  need  to 
increase competition and the use of market mechanisms as well as the need to guarantee that every 
citizen  continues  to  have access  to  essential  services  of  high  quality  at  prices  that  they  can  afford. 
This has been the case, for instance, in the network industries from telecommunications to transport.  
In  the  electronic  communications  field  for  example,  Directive  22/2002  of  the  European  Parliament 
and  of  the  Council  173  (Universal  Service  Directive)  ensures  that  the  liberalisation  of  services  and 
increased  competition  is  accompanied  by  a  regulatory  framework  which  secures  the  delivery  of  a 
defined minimum set of services to all end-users at an affordable price.  

In  the  field  of  rail  transport  Regulation  (EU)  2338/2016  of  the  European  Parliament  and  of  the 
Council on the opening of the market for domestic passenger transport services by rail174, sets clear 
rules  on  the  ways  in  which  national  competent  authorities  can  award  public  service  contracts  that 
guarantee provision of services of general interest which are more frequent, safer, of a higher quality 
or provided at lower cost than those that market forces alone would have allowed. 

More generally it should also be noted that the EU is the only area in the world where citizens are 
protected  by  a  full  set  of  passenger  rights  –  whether  they  travel  by  air,  rail,  ship,  bus  and  coach. 
When  mobility  increased  strongly  over  the  last  decades,  European  legislation  has  been  introduced 
for all modes of transport to define the rights of passengers and to ensure that they can effectively 
exercise these rights175. 

In  the  energy  sector,  a  universal  service  obligation  is  included  in,  Directive  2009/72/EC  of  the 
European  Parliament  and  of  the  Council176  (the  Electricity  Directive)  which  clearly  states  that  the 
citizens of the EU and, where Member States deem it appropriate, small enterprises, should be able 
to  enjoy  public service  obligations,  in  particular  with  regard  to  security  of  supply,  and  transparent, 
non-discriminatory and reasonable prices.  

European Union water policy is based on the principle that affordability of water services is critical. 
National  authorities  are  competent  for  adopting/implementing  concrete  support  measures 

172 http://ec.europa.eu/services_general_interest/index_en.htm 
173  Directive 2002/22/EC of  the  European Parliament and of  the  Council of  7 March  2002 on  universal service  and  users' 
rights relating to electronic communications networks and services (Universal Service Directive), OJ L 108, 24.4.2002, p. 51. 
174 Regulation (EU) 2016/2338 of the European Parliament and of the Council of 14 December 2016 amending Regulation 
(EC)  No  1370/2007  concerning  the  opening  of  the  market  for  domestic  passenger  transport  services  by  rail,  OJ  L  354, 
23.12.2016, p. 22. 
175 Key legislation includes Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to 
passengers in the event of denied boarding and of cancellation or long delay of flights, Regulation (EC) No 1371/2007 of the 
European Parliament and of the Council on rail passengers’ rights and obligations, and Regulation (EC) No 392/2009 of the 
European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of 
accidents. 
176 Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the 
internal market in electricity and repealing Directive 2003/54/EC ,OJ L 211, 14.8.2009, p. 55. 

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safeguarding  disadvantaged  people  and  tackling  water-poverty  issues  (through,  for  example, 
measures  that  provide  support  for  low-income  households  or  through  the  establishment  of  public 
service obligations).177  

In  the  financial  sector,  Directive  2014/92  of  the  European  Parliament  and  of  the  Council178  allows 
consumers  in  Europe  to  open  a  payment  account  with  any  payment  service  provider  in  the  EU, 
regardless  of  their  Member  State  of  residence.  Moreover,  consumers  are  entitled  to  access  to  a 
payment  account  with  basic  features  (which  include  withdrawals,  bank  transfers  and  a  debit  card) 
regardless of their Member State of residence or their personal financial situation.  

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  sets  out  the  right  to  essential  services  and  lists  non-exhaustively  some  of  those  services 
which  are  of  the  outmost  importance  in  our  daily  lives.  Member  States  retain  competence  in 
defining,  organising,  delivering  and  financing  such  services  at  national,  regional  or  local  level. 
However,  the  fact  that  essential  services  –  including  those  provided  across  borders  -  should  be 
available to all reiterates the importance that the EU attributes to services which are at the core of 
our social model. In particular, the right to water and sanitation is especially important to EU citizens, 
who presented a citizens' initiative in this domain only recently. 

Some  of  these  services  are  covered  by  universal  service  obligations  by  sectorial  EU  legislation  to 
ensure that services of general economic interest are made available to all consumers and users in a 
Member  State  and  across  Member  States,  regardless  of  their  geographical  location,  to  a  specified 
quality  and,  taking  account  of  specific  national  circumstances,  at  an  affordable  price.    The  Pillar 
recognises the need to support the access to essential services for those in need. The accessibility of 
essential services in addition to availability and affordability, are essential to ensure equal access to 
all, and essential for persons with disabilities and older people. 

3. Implementation 

a) What Member States and Social Partners can do 

Member States retain competence in defining, organising, delivering and financing essential services 
at national, regional or local level. Given that the EU measures embrace the principle that essential 
services  should  be  available  to  all,  as  the  core  of  the  European  social  model,  Member  States  are 
invited to go beyond these rules in order to give effect to the principle.   

177 The Drinking Water Directive (Directive 98/83/EC) concerns the quality of water intended for human consumption. Its 
objective is to protect human health from adverse effects of any contamination of water intended for human consumption 
by ensuring that it is wholesome and clean. 
178 Directive 2014/92 of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to 
payment accounts, payment account switching and access to payment accounts with basic features, OJ L 257 of 28.8.2014, 
p. 214. 

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Social partners can collect and exchange good practice across the EU. Nationally, social partners can 
support the implementation of this principle through involvement in the design and implementation 
of relevant policies.  

Good practice in the spirit of the Pillar 

Slovakia  has  recently  started  to  implement  projects  to  improve  access  to  water  and  sanitation  for 
marginalized Roma communities. This includes the construction of wells and surface water treatment 
plants, as well as collection sites and removal of illegal dumps. 

b) Recent and ongoing initiatives at EU level 

In  the  field  of  electronic  communications  the  proposed  revision  of  the  Electronic  Communications 
Regulatory Framework179 would require Member States to ensure affordable access to all end-users 
to functional internet access and voice communications services. Where Member States find a lack of 
affordability,  they  may  require  undertakings  to  provide  affordable  tariff  options  and  a  'right  to 
contract' for end-users with low income or special social needs. The proposed Code also includes a 
provision  requiring  Member  States  to  ensure,  in  the  light  of  national  conditions,  that  appropriate 
measures are taken for end-users with disabilities, with a view to ensuring the affordability of their 
terminal equipment, specific equipment and specific services enhancing equivalent access. 

All EU citizens should be able to benefit from high-speed broadband connections. This is not the case 
today, especially in rural areas, which are less attractive to investors. Only 40% of rural households 
have next generation access compared to 76% of total EU households. To overcome this rural-urban 
digital gap, the Commission recently launched a toolkit for rural broadband180, a coordinated set of 
actions  with  concrete  deadlines  to  ensure  that  the  specific  difficulties  in  rolling  out  broadband  in 
rural areas across the EU are addressed.  

The  Clean  Energy  Package,  adopted  on  30  November  2016181,  also  included  proposals  on  a  new 
electricity market design. The proposal on a recast of the Electricity Directive (Directive 2009/72/EC 
of the European Parliament and of the Council) did not amend the provisions related to the public 
service  obligations  in  the  electricity  sector,  but  strengthened  provisions  related  to  consumer 
empowerment  and  protection.  It  spelled  out  in  more  detail  the  rights  of  consumers  as  regards 
contracts,  the  possibilities  for  energy  communities  and  active  consumers,  and  the  entitlement  to 
smart  meters.  The  proposal  also  provides  for  more  detailed  provisions  on  the  protection  of 
vulnerable consumers and the obligation of Member States to define criteria for measuring energy 

179  Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  establishing  the  European  Electronic 
Communications Code (Recast) (COM(2016)590).   
180 https://ec.europa.eu/digital-single-market/en/news/european-commission-joins-forces-help-bringing-
more-broadband-rural-areas 
181 http://eur-lex.europa.eu/resource.html?uri=cellar:fa6ea15b-b7b0-11e6-9e3c-
01aa75ed71a1.0001.02/DOC_1&format=PDF 

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poverty,  on  which  they  will  have  to  report  as  part  of  their  integrated  progress  reporting  on  the 
national energy and climate plans. Furthermore, the package sets out a new approach to protecting 
vulnerable  consumers,  which  also  includes  helping  Member  States  reduce  the  costs  of  energy  for 
consumers  by  supporting  energy  efficiency  investments.  Moreover,  in  line  with  its  efforts  to 
empower and protect consumers, the Commission proposes certain procedural safeguards before a 
consumer  can  be  disconnected.  In  this  context,  the  Commission  also  launched  in  January  2018  an 
Energy Poverty Observatory182 to provide better data on the problem and its solutions as well as to 
help Member States in their efforts to combat energy poverty. 

Moreover  the  WiFi4EUproposal183  acknowledges  the  need  to  ensure  that  the  general  public  is 
encouraged  to  seize  the  opportunities  that  the  digital  transformation  offers.  The  proposal  will 
provide  financial  incentives  in  favour  of  local  public  authorities  who  want  to  provide  free,  high 
capacity local wireless connectivity through access points in the centres of local public life, whether 
within their premises or in outdoor spaces accessible to the general public. 

In the field of  water and sanitation, in follow up of committed action in response to the European 
Citizens  Initiative  'Right2Water'184,  the  Commission  adopted  on  2  February  2018  a  proposal185  to 
revise  the  Drinking  Water  Directive,  which  includes  several  measures  to  improve  access  to  safe 
drinking water and an obligation for Member States to ensure access for vulnerable and marginalised 
groups. 

The  Commission  continues  to  support  negotiations  for  the  adoption  by  the  EU  legislature  of  the 
proposed European Accessibility Act.186 The Act aims to ensure accessibility of certain products and 
services in the internal market, including some essential services like electronic communication and 
audio-visual media services. 

182 https://www.energypoverty.eu/ 
183  Proposal  for  amending  Regulations  (EU)  No  1316/2013  and  (EU)  No  283/2014  as  regards  the  promotion  of  Internet 
connectivity in local communities COM (2016) 589. 
184 COM(2014)177 final 
185  COM(2017) 753 final 
186 Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and 
administrative  provisions  of  the  Member  States  as  regards  the  accessibility  requirements  for  products  and  services  - 
COM/2015/0615 final - 2015/0278 (COD). 

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