Debate: Mental health at work
Date: WEDNESDAY, 18 OCTOBER 2023
Speaker: Thierry Breton
Language: EN

The EU has solid legal provisions covering psychosocial risk at work. The Framework Directive on Safety and Health of Workers places a duty on the employers to ensure the safety and health of workers in every aspect related to the work. However, we need to further promote and implement this legal instrument and to adapt measures to the new realities affecting the world of work. In this regard, the Commission has recently adopted the communication on a comprehensive approach to mental health in response to the European Parliament’s call. It includes the conduct of a peer review on legislative and enforcement approaches to address psychosocial risk at work in the Member States in view to further consider whether specific legislation is needed, waiting also, of course, the input of social partners. The role is key, as underlined again in the Council conclusion on mental health. The Commission notes your request to include mental health issues in the Commission recommendation on occupational disease. Work is ongoing to possibly include asbestos-related diseases. We will also continue to assess the need for further updates, including those resulting from psychosocial risk. At the same time, the recognition of occupational diseases is closely linked to the design of social security systems, which is, as you know, a Member State competence. As regards telework and the right to disconnect, first of all, let me stress that the Commission is very pleased that the EU cross-industry social partners decided to review and update their 2002 telework agreement with a view to be transformed into EU law. After more than a decade, it is time that the social partners make again use of this instrument provided by the Treaties, a positive development following the calls of the European Parliament and the Commission. It is important to note that the social partners’ negotiations are, of course, as you know, currently ongoing, and the Commission has the highest regard for social partners’ autonomy, as laid down in the Treaties. For this reason, we continue to support the social partners through this important process, and we will wait for the outcome of the current negotiations. In case the social partners do not arrive to a successful conclusion of their discussion, we may proceed with a first-stage consultation of the social partners under Article 154 of the Treaty, in view of a possible Commission proposal addressing the request of the European Parliament’s resolution on the right to disconnect. In this sense, allow me to recall that, in our formal response to the European Parliament’s resolution on the right to disconnect, we referred to the political commitment by President von der Leyen as regards Article 225 resolution. The Commission is committed to follow up with a legislative act in full respect of the proportionality, subsidiarity and better lawmaking principles. Finally, if you allow me, a few remarks concerning artificial intelligence, AI, as it was raised, I think, in your oral question. AI is not only impacting the number of jobs, but the Commission is well aware that these developments can also impact the quality of jobs. As artificial intelligence systems become more prevalent, Europe should work to ensure their trustworthy development and use to maximise their value for the economy and minimise risk for workers. For example, AI raises issues of transparency, accountability and fairness, especially vis-à-vis workers. Automated decisions should be, in principle, subject to human review. Similarly, algorithm should not be used by employers for abusive purposes, such as discrimination, or to prevent workers’ exercise of their collective rights. The Commission is therefore closely monitoring the potential need to regulate the use of algorithms in traditional workplace. As a first step, in our proposal for a directive on platform work, we proposed a new set of rights on the use of automated systems for the management of platform workers. The new rights will ensure that platform workers are better informed about the use of automated systems, that digital labour platforms monitor and evaluate the effect of such systems on working conditions, and that platform workers can have important automated decisions checked by humans. We may consider further action if needed. The Commission has launched a large-scale exploratory study on the use of algorithmic management at the workplace. Second, the AI Act regulation proposed by the Commission and, as you know, currently negotiated by the co-legislators, defined AI systems used for the purpose of recruitment and worker management as high risk. As such, they must respect certain requirements in terms of transparency, safety, accuracy and human oversight. This brings an additional safety net for workers.