Eu Social Law PT1.1-2.3

Part I.
Social Policy of the European Union

1. History and main features
2. Legal framework
3. Institutions, bodies and actors
1. History and main features
27 Member countries of the EU (year of entry):

1958 – Belgium, France, Germany, Italy, Luxembourg and Netherlands
1973 – Denmark, Ireland and UK (left on 31 January 2020)
1981 – Greece
1986 – Portugal and Spain
1995 – Austria, Finland and Sweden
2004 – Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia
and Slovenia
2007 – Bulgaria and Romania
2013 – Croatia
2020 –UK (Left on 31 January 2020)

On 29 March 2017, the United Kingdom notified the European Council of its intention to leave
the European Union, in accordance with Article 50 of the Treaty on European Union.
2020 marked a new beginning in the EU's relationship with the UK.
The Withdrawal Agreement (600 pages) that had been secured with the UK would protect the
EU's core interests. Thanks to this agreement, the rights of all European citizens residing in the
UK and British nationals living in the EU and their families have been guaranteed. That
concerns 4.5 million people.
The history of European Social Policy has been described as

“more a story of failure than great success”.
Originally, the treaties establishing the predecessors of what is now the European Union did not
contain any explicit provisions in the area of social law.
1951 Treaty Establishing the European Coal and Steel Community
1957 Treaty Establishing the European Economic Community
1957 Treaty Establishing the European Atomic Energy Community
intended to facilitate economic cooperation, which consisted in the creation of an internal market
without barriers between the individual Member States.
Treaties currently in force:

• Treaty on European Union (Consolidated version 2016)
• Treaty on the Functioning of the European Union (Consolidated version 2016)
• Treaty establishing the European Atomic Energy Community (Consolidated version 2016)
• Charter of Fundamental Rights of the European Union (2016)
• It was actually the Court of Justice (CJ) which firstly gave the EEC treaty a social meaning.
The Court started to apply a “social” form of reasoning for the interpretation of what is now Art.
157 of the Treaty on the Functioning of the European Union (TFEU): this somewhat atypical
provision, which was present already in the original version of the TEEC, prescribed equal pay
for
men and women within the Community. In a landmark decision (Defrenne), the CJ ruled that the
said provision was not restricted to regulating questions of competition among the Member
States.
• The Defrenne ruling was rendered at a time which today is sometimes referred to as the
“golden era” of European social law.
•In this period, which is roughly equivalent with the 1970s, widely conceptualised projects of
achieving a harmonisation of social law provisions emerged in the European context.
• The European Commission drafted its first Social Action Programme. This document, which
was established in cooperation with the European social partners, was based on endeavours of
gradually introducing a common set of minimum standards of Social Law.
• The 1980s period was characterised by a certain revival of market liberalism, a concept
vehemently advocated by the Thatcher administration in the UK. In practice, this government
vetoed any further pursuit of harmonisation in the social field, so that the only legal acts of a
social law nature stemming from this period are located in the (largely uncontroversial) area of
health and safety.
• During the 1990s, the increasingly pressing call for social measures by the EU led to a solution
of “two-speed” integration– which essentially amounted to giving the UK the option of opting
out of the harmonisation steps taken by the other member States.
• This process was initiated by the proclamation of the 1989 Charter of Fundamental Social
Rights of Workers as a non-binding set of principles in the social sphere.
•This was followed by the 1992 Agreement on Social Policy, which was annexed as a Protocol
to the Maastricht Treaty. In essence, this agreement already contained the competence
provisions that can now be found in the Social Chapter of the TFEU, i.e. it gave the Council of
the EU– under exclusion of the UK– a legislative competence for a range of social law issues.
• After a change of government in the UK, the provisions of the Protocol could finally be inserted
into the TEC by the Treaty of Amsterdam in 1996. Since then, no notable extension of the
powers of the EU in this area of legislation has taken place.
Primary Law has developed significantly with a view to fundamental social rights, with the 2000
EU Charter of Fundamental Rights becoming binding with the entry into force of the Treaty of
Lisbon in 2009.
Moreover, the stated political programme of the EU has increasingly focused on presenting
social
aims on an equal footing with economic ones in recent years. A prominent example is the 2000
Lisbon Strategy with its aim of making the EU “the most competitive and dynamic knowledge-
based economy in the world capable of sustainable economic growth with more and better jobs
and greater social cohesion”, and the follow-up Europe 2020 Strategy under the heading of
“smart, sustainable, inclusive growth”.
The Pillar of Social Rights is about delivering new and more effective rights for citizens. It builds
upon 20 key principles, structured around three categories:
• Equal opportunities and access to the labour market
• Fair working conditions
• Social protection and inclusion
The European Pillar of Social Rights has been jointly signed by the European Parliament, the
Council and the Commission on 17 November 2017, at the Social Summit for Fair Jobs and
Growth in Gothenburg, Sweden.
Originally, the treaties establishing the predecessors of what is now the European Union did not
contain any explicit provisions in the area of social law.
1951 Treaty Establishing the European Coal and Steel Community (Expired: 23 July 2002)
1957 Treaty Establishing the European Economic Community
1957 Treaty Establishing the European Atomic Energy Community
intended to facilitate economic cooperation, which consisted in the creation of an internal market
without barriers between the individual Member States.
• Originally, the treaties establishing the predecessors of what is now the EU did not contain any
explicit provisions on competences in the area of Social Law.
•Primary Law has developed significantly with a view to fundamental social rights, with the 2000
Lisbon in 2009.
•Primary Law has developed significantly with a view to fundamental social rights, with the 2000
Lisbon in 2009.
2. Legal framework
TEU: Values
Art. 2.: The Union is founded on the values of respect for human dignity, freedom, democracy,
equality, the rule of law and respect for human rights, including the rights of persons belonging
to minorities. These values are common to the Member States in a society in which pluralism,
non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
TEU: Objectives
Art. 3.3.: The Union shall establish an internal market. It shall work for the sustainable
development of Europe based on balanced economic growth and price stability, a highly
competitive social market economy, aiming at full employment and social progress, and a high
level of protection and improvement of the quality of the environment. It shall promote scientific
and technological advancements.
It shall combat social exclusion and discrimination, and shall promote social justice and
protection, equality between women and men, solidarity between generations and protection
of the rights of the child.
It shall promote economic, social and territorial cohesion, and solidarity among Member States.
TFEU: Competences
Art. 4.: 1. The Union shall share competence with the Member States where the Treaties confer
on it
a competence which does not relate to the areas referred to in Articles 3 and 6.
2. Shared competence between the Union and the Member States applies in the following
principal areas:
(b) social policy…
Art. 6: The Union shall have competence to carry out actions to support, coordinate or
supplement
the actions of the Member States. The areas of such action shall, at European level, be:…
(e) education, vocational training, youth and sport…
TFEU: Horizontal provisions

Art. 8: In all its activities, the Union shall aim to eliminate inequalities, and to promote equality,
between men and women.
Art. 9: In defining and implementing its policies and activities, the Union shall take into account
requirements linked to the promotion of a high level of employment, the guarantee of adequate
social protection, the fight against social exclusion, and a high level of education, training and
protection of human health.
TFEU, Title IV Free movement of persons, services and capitals. Chapter I WORKERS Art. 45
(ex Art. 39 TEC)
1. Freedom of movement for workers shall be secured within the Union.
2. Such freedom of movement shall entail the abolition of any discrimination based on
nationality between workers of the Member States
as regards employment, remuneration and other conditions of work and employment.
3. It shall entail the right, subject to limitations justified on grounds of public policy, public
security or public health:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment in accordance with the provisions
governing the employment of nationals
of that State laid down by law, regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in that State, subject
to conditions which shall be
embodied in regulations to be drawn up by the Commission.
4. The provisions of this Article shall not apply to employment in the public service.
TFEU, Title IV Free movement of persons, services and capitals

Chapter I WORKERS Art. 46 (ex Art. 40 TEC)
The European Parliament and the Council shall, acting in accordance with the ordinary
legislative procedure and after consulting the
Economic and Social Committee, issue directives or make regulations setting out the measures
required to bring about freedom of
movement for workers, as defined in Article 45, in particular:
(a) by ensuring close cooperation between national employment services;
(b) by abolishing those administrative procedures and practices and those qualifying periods in
respect of eligibility for available
employment, … the maintenance of which would form an obstacle to liberalisation of the
movement of workers;
(c) by abolishing all such qualifying periods and other restrictions… regarding the free choice of
employment other than those imposed
on workers of the State concerned;
(d) by setting up appropriate machinery to bring offers of employment into touch with
applications for employment and to facilitate the
achievement of a balance between supply and demand in the employment market in such a
way as to avoid serious threats to the
standard of living and level of employment in the various regions and industries.
TFEU
Title IX. Employment (Arts. 145-150)
Art. 145:
Member States and the Union shall, in accordance with this Title, work towards developing a
coordinated strategy for employment and particularly for promoting a skilled, trained and
adaptable workforce and labour markets responsive to economic change.
TFEU
Title X. Social Policy (Arts. 151-161)
Art. 151:
The Union and the Member States, having in mind fundamental social rights…, shall have as
their objectives the promotion of
employment, improved living and working conditions, so as to make possible their
harmonisation while the improvement is being
maintained, proper social protection, dialogue between management and labour, the
development of human resources with a view to
lasting high employment and the combating of exclusion.
To this end the Union and the Member States shall implement measures which take account of
the diverse forms of national practices, in
particular in the field of contractual relations, and the need to maintain the competitiveness of
the Union economy.
They believe that such a development will ensue not only from the functioning of the internal
market, which will favour the
harmonisation of social systems, but also from the procedures provided for in the Treaties and
from the approximation of provisions laid
down by law, regulation or administrative action.

Art. 153:
With a view to achieving the objectives of Article 151, the Union shall support and complement
the activities of the Member States in the following fields:
(a) improvement in particular of the working environment to protect workers' health and safety;
(b) working conditions;
(c) social security and social protection of workers;
(d) protection of workers where their employment contract is terminated;
(e) the information and consultation of workers;

Art. 153:
With a view to achieving the objectives of Article 151, the Union shall support and complement
the activities of the Member States in the following fields:
(f) representation and collective defence of the interests of workers and employers, including co-
determination, subject to paragraph 5;
(g) conditions of employment for third-country nationals legally residing in Union territory;
(h) the integration of persons excluded from the labour market, without prejudice to Article 166;
(i) equality between men and women with regard to labour market opportunities and treatment
at work;
(j) the combating of social exclusion;
(k) the modernisation of social protection systems without prejudice to point (c).

Art. 153:
2. To this end, the European Parliament and the Council:
(a) may adopt measures designed to encourage cooperation between Member States through
initiatives aimed at
improving knowledge, developing exchanges of information and best practices, promoting
innovative approaches
and evaluating experiences, excluding any harmonisation of the laws and regulations of the
Member States;
(b) may adopt, in the fields referred to in paragraph 1(a) to (i), by means of directives, minimum
requirements for
gradual implementation, having regard to the conditions and technical rules obtaining in each of
the Member
States. Such directives shall avoid imposing administrative, financial and legal constraints in a
way which would
hold back the creation and development of small and medium-sized undertakings.

Art. 153:
2. […]
The European Parliament and the Council shall act in accordance with the ordinary legislative
procedure after
consulting the Economic and Social Committee and the Committee of the Regions.
In the fields referred to in paragraph 1(c), (d), (f) and (g), the Council shall act unanimously, in
accordance with a
special legislative procedure, after consulting the European Parliament and the said
Committees.
The Council, acting unanimously on a proposal from the Commission, after consulting the
European Parliament,
may decide to render the ordinary legislative procedure applicable to paragraph 1(d), (f) and (g).
TFEU
Art. 156:
With a view to achieving the objectives of Article 151, the Commission shall encourage
cooperation between the Member States and
facilitate the coordination of their action in all social policy fields under this Chapter, particularly
in matters relating to:
— employment,
— labour law and working conditions,
— basic and advanced vocational training,
— social security,
— prevention of occupational accidents and diseases,
— occupational hygiene,
— the right of association and collective bargaining between employers and workers.
TFEU: The legal acts of the EU
Art. 288 (ex Art. 249 TEC)
To exercise the Union’s competences, the institutions shall adopt regulations, directives,
decisions, recommendations
and opinions.
A regulation shall have general application. It shall be binding in its entirety and directly
applicable in all Member States.
A directive shall be binding, as to the result to be achieved, upon each Member State to which it
is addressed, but shall
leave to the national authorities the choice of form and methods.
A decision shall be binding in its entirety. A decision which specifies those to whom it is
addressed shall be binding only
on them.
Recommendations and opinions shall have no binding force
applicable in all Member
States.
Regulation (EU) 2021/1057 of 24 June 2021 establishing the European Social Fund Plus
(ESF+) programme for the
period 2021-2027.
is addressed, but
shall leave to the national authorities the choice of form and methods.
Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States
relating to collective
redundancies.
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.
Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of
working time.
• Charter of Fundamental Rights of the European Union

Background
The rights of every individual in the EU were established at different times, in different ways and
in
different forms. For this reason, the EU decided to include them all in a single document, which
has
been updated in the light of changes in society, social progress and scientific and technological
developments. The Charter of Fundamental Rights brings together all the personal, civil,
political,
economic and social rights enjoyed by people within the EU in a single text.
It covers all the rights found in the case law of the Court of Justice of the EU, the rights and
freedoms
enshrined in the European Convention on Human Rights and other rights and principles
resulting
from the common constitutional traditions of EU countries and other international instruments.

What it covers
The Charter contains rights and freedoms under six titles: dignity, freedoms, equality, solidarity,
citizens' rights and justice.
The Charter has become legally binding on the EU with the entry into force of the Treaty of
Lisbon, in December 2009.
To reflect modern society, the charter includes 'third generation' fundamental rights, such as:
data protection, guarantees on bioethics and transparent administration.

The Charter is consistent with the ECHR. When the Charter contains rights that stem from this
Convention, their meaning and scope are the same.
The Charter strengthens the protection of fundamental rights by making those rights more
visible and more explicit for citizens.

Title I. Dignity [prohibition of forced labour (art. 5)]
Title II. Freedoms [freedom of expression and information (art. 11) and of assembly and
association
(art. 12), choose an occupation and the right to engage in work (art. 15)]
Title III. Equality [non discrimination (art. 21)]
Title IV. Solidarity [Workers' right to information and consultation within the undertaking (art. 27),
right of collective bargaining and action (art. 28), right of access to placement services (art. 29),
protection in the event of unjustified dismissal (art. 30), fair and just working conditions (art. 31),
prohibition of child labour and protection of young people at work (art. 32), family and
professional
life (art. 33), social security and social assistance (art. 34)].
What are the similarities and differences between the concepts of the right to work in
the ICESCR (UN) and in the CFR (UE)?
Article 6 of the ICESCR
1. The States Parties to the present Covenant
recognize the right to work, which includes the
right of everyone to the opportunity to gain his
living by work which he freely chooses or
accepts, and will take appropriate steps to
safeguard this right.
2. The steps to be taken by a State Party to the
present Covenant to achieve the full realisation
of this right shall include technical and vocational
guidance and training programmes, policies and
techniques to achieve steady economic, social
and cultural development and full and productive
employment under conditions safeguarding
fundamental political and economic freedoms to
the individual.
Article 15 “Freedom to choose an occupation
and right to engage in work” of the CFR
1. Everyone has the right to engage in work and
to pursue a freely chosen or accepted occupation.
2. Every citizen of the Union has the freedom to
seek employment, to work, to exercise the right
of establishment and to provide services in any
Member State.
3. Nationals of third countries who are
authorised to work in the territories of the
Member States are entitled to working
conditions equivalent to those of citizens of the
Union.
the ESC Revised (Council of Europe) and in the CFR (UE)?
Article 1 “The right to work” of the ESC (Revised)
With a view to ensuring the effective exercise of
the right to work, the Parties undertake:
1. to accept as one of their primary aims and
responsibilities the achievement and
maintenance of as high and stable a level of
employment as possible, with a view to the
attainment of full employment;
2. to protect effectively the right of the worker to
earn his living in an occupation freely entered
upon;
3. to establish or maintain free employment
services for all workers;
4. to provide or promote appropriate vocational
guidance, training and rehabilitation.
Article 15 “Freedom to choose an occupation and right to engage in work” of the CFR
to pursue a freely chosen or accepted
occupation.
Member State.
Union.
3. Institutions, bodies and actors
The EU’s unique institutional set-up

The European Union’s institutional set-up is unique and its decision-making system is constantly
evolving. The 7 European institutions, 7 EU bodies and over 30 decentralised agencies are
spread
across the EU. They work together to address the common interests of the EU and European
people.
In terms of administration, there are a further 20 EU agencies and organisations which carry out
specific legal functions and 4 interinstitutional services which support the institutions.

The Union shall have an institutional framework which shall aim to promote its values, advance
its objectives, serve
its interests, those of its citizens and those of the Member States, and ensure the consistency,
effectiveness and
continuity of its policies and actions. The Union's institutions shall be:
— the European Parliament,
— the European Council,
— the Council,
— the European Commission (hereinafter referred to as ‘the Commission’),
— the Court of Justice of the European Union,
— the European Central Bank,
— the Court of Auditors.

TEU: Title III. Provisions on the Institutions (Arts. 13-19), including provisions on the European
Parliament, the European Council, the Council and the European Commission.
The European Parliament, the Council and the Commission shall be assisted by an Economic
and Social
Committee and a Committee of the Regions acting in an advisory capacity.
The provisions relating to the European Central Bank and the Court of Auditors and detailed
provisions
The other institutions are set out in the Treaty on the Functioning of the European Union.
•The European Parliament (Arts. 223-234 TFEU). Represents the citizens of EU countries and
is directly
elected by them. It takes decisions on European laws jointly with the Council of the European
Union. It
also approves the EU budget. It runs a network of liaison offices in EU capitals, London,
Edinburgh and
Washington D.C.
European Parliament, Committee on Employment and Social Affairs (EMPL):
The European Council sets the EU's overall political direction – but has no powers to pass laws.
Led by its President – currently Charles Michel - and comprising national heads of state or
government and the President of the Commission, it meets for a few days at a time at least
twice
every 6 months.
The European Council, established in 1974 (informal forum), 1992 (formal status), 2009 (official
EU
institution), and located in Brussels, defines the general political direction and priorities of the
EU.

• The EU's broad priorities are set by the European Council, which brings together national and
EU-
level leaders (Arts. 235 and 236 TFEU) The heads of state or government of the EU countries
meet, as the European Council, to define the general political direction and priorities of the
European Union. The European Council is chaired by a president who is elected for a 2.5-year
term, renewable once. It does not adopt laws except for possible EU Treaty amendments.

•The European Commission, whose members are appointed by national governments (Arts.
244-250
TFEU). Represents the common interests of the EU and is the EU’s main executive body. It
uses its ‘right
of initiative’ to put forward proposals for new laws, which are scrutinised and adopted by the
European
Parliament and the Council of the European Union. It also manages EU policies (except for the
Common Foreign and Security Policy, which is conducted by the High Representative for CFSP,
Vice-
President of the European Commission), and the EU’s budget and ensures that countries apply
EU law
correctly.
In the EU’s unique institutional set-up
• Governments defend their own country's national interests in the Council (of the European
Union) (Arts. 237-243 TFEU)
Represents the governments of EU countries. The Council of the EU is where national ministers
from each government meet to adopt laws and coordinate policies. Ministers meet in different
configurations depending on the topic to be discussed. The Council of the EU takes decisions
on
European laws jointly with the European Parliament.
Law-making
There are 3 main institutions involved in EU legislation:
the European Parliament, which represents the EU’s citizens and is directly elected by them;
the Council of the European Union, which represents the governments of the individual member
countries. The Presidency of the Council is shared by the member states on a rotating basis,
and
the European Commission, which represents the interests of the Union as a whole.
Together, these three institutions produce through the “Ordinary Legislative Procedure” (ex
"co-decision") the policies and implemented
Other EU institutions and bodies

Two other institutions play vital roles
The Court of Justice of the EU (CJ, CJEC, CJEU or ECJ) upholds the rule of European law:
The Court of Auditors checks the financing of the EU's activities.

Especially relevant to the EU Social Policy:
the European Economic and Social Committee, which represents civil society, employers and
employees, and
The European Committee of the Regions, which represents regional and local authorities.
Other EU institutions and bodies

- The Court of Justice of the EU (CJ, CJEC, CJEU or ECJ) upholds the rule of European law:
- The Court of Auditors checks the financing of the EU's activities.

- The European Central Bank (and the European System of Central Banks) are responsible for
keeping
prices stable in the euro area. They are also responsible for the monetary and exchange rate
policy in
the Eurozone and support EU economic policies.
Council of the European Union, Employment, Social Policy, Health and Consumer Affairs
The EPSCO Council works to increase employment levels and improve living and working
conditions, ensuring a high level of human health and consumer protection in the EU.
It brings together ministers responsible for employment, social affairs, health and consumer
policy from all EU member states. Relevant European Commissioners also participate in
meetings.
There are usually four EPSCO meetings a year. Two of the meetings are generally devoted
exclusively to employment and social policy topics.
Council of the European Union, Employment, Social Policy, Health and Consumer Affairs
The overall objective of the EU action is to raise the standard of living and quality of life of its
citizens, notably through high-quality jobs and a high level of social and health protection and
the protection of consumers' interests.
In the fields of employment and social policy, the Council is responsible for drawing up annual
employment guidelines which the Member States take into account in their national policies. It
also adopts legislation, together with the European Parliament, aimed at improving working
conditions, social inclusion and gender equality.
European Commission, Employment, Social Affairs and Inclusion
The Commission presented the European Pillar of Social Rights on 26 April 2017. EU leaders
proclaimed the Pillar at the Social Summit in Gothenburg, Sweden, on 17 November 2017.
European Economic and Social Committee (EESC)

The European Economic and Social Committee (EESC) is an EU advisory body comprising
representatives of workers' and employers' organisations and other interest groups. It issues
opinions on EU issues to the European Commission, the Council of the EU and the European
Parliament, thus acting as a bridge between the EU's decision-making institutions and EU
citizens.
European Economic and Social Committee (EESC), Employment, Social Affairs and Citizenship
(SOC)
The Section for Employment, Social Affairs and Citizenship (SOC) prepares the EESC's work in
a
variety of policy areas, including employment and working conditions, education and training,
migration and asylum, fundamental and citizens' rights, and other social affairs issues such as
social policy and poverty, gender equality, disability issues, Roma inclusion, health, justice and
home affairs (including immigration).
EU Agencies
European Agency for Safety and Health at Work (EU-OSHA)
European Centre for the Development of Vocational Training (Cedefop)
European Foundation for the improvement of living and working conditions (Eurofound)
European Insurance and Occupational Pensions Authority (EIOPA)
European Training Foundation (ETF)
EU Funding Programmes
European Social Fund (ESF)
European Globalisation Adjustment Fund (EGF)
Fund for European Aid to the most Deprived (FEAD)
EU Programme for Employment & Social Innovation (EaSI)
European Social Fund

The ESF is Europe’s main tool for promoting employment and social inclusion– helping people
get a job (or a better job), integrating disadvantaged people into society and ensuring fairer life
opportunities for all.
It does this by investing in Europe’s people and their skills– employed and jobless, young and
old.
European Social Fund Plus (ESF+)

The European Social Fund Plus (ESF+) is the European Union (EU)’s main instrument for
investing in
people. With a budget of almost € 99.3 billion for the period 2021-2027, the ESF+ will continue
to
provide an important contribution to the EU’s employment, social, education and skills policies,
including structural reforms in these areas.

The Fund will also be one of the cornerstones of EU socio-economic recovery from the
coronavirus
pandemic. The pandemic has reversed gains in labour participation, challenged educational and
health systems and increased inequalities. The ESF+ will be one of the key EU instrument
helping
Member States to address these challenges.
As part of cohesion policy, the ESF+ will also continue its mission to support economic,
territorial
and social cohesion in the EU – reducing disparities between Member States and regions.

Support under the ESF+ is mainly managed by Member States, with the Commission playing a
supervisory role. Funding therefore takes place through:
The shared management strand - implemented by Member States in partnership with the
Commission. These resources have a budget of roughly EUR 98.5 billion for the programming
period 2021-27
The Employment and Social Innovation (EaSI) Strand - implemented by the Commission with a
budget of close to € 762 million for 2021-2027.
Charter of Fundamental Rights of the European Union

Background
The rights of every individual in the EU were established at different times, in different ways and
in
different forms. For this reason, the EU decided to include them all in a single document, which
has
been updated in the light of changes in society, social progress and scientific and technological
developments. The Charter of Fundamental Rights brings together all the personal, civil,
political,
economic and social rights enjoyed by people within the EU in a single text.
It covers all the rights found in the case law of the Court of Justice of the EU, the rights and
freedoms
enshrined in the European Convention on Human Rights and other rights and principles
resulting
from the common constitutional traditions of EU countries and other international instruments.
What it covers
The Charter contains rights and freedoms under six titles: dignity, freedoms, equality, solidarity,
citizens' rights and justice.
The Charter has become legally binding on the EU with the entry into force of the Treaty of
Lisbon, in December 2009.
To reflect modern society, the charter includes 'third generation' fundamental rights, such as:
data protection, guarantees on bioethics and transparent administration.

The Charter is consistent with the ECHR. When the Charter contains rights that stem from this
Convention, their meaning and scope are the same.
The Charter strengthens the protection of fundamental rights by making those rights more
visible and more explicit for citizens.

Title I. Dignity [prohibition of forced labour (art. 5)]
Title II. Freedoms [freedom of expression and information (art. 11) and of assembly and
association
(art. 12), choose an occupation and the right to engage in work (art. 15)]
Title III. Equality [non discrimination (art. 21)]
Title IV. Solidarity [Workers' right to information and consultation within the undertaking (art. 27),
right of collective bargaining and action (art. 28), right of access to placement services (art. 29),
protection in the event of unjustified dismissal (art. 30), fair and just working conditions (art. 31),
prohibition of child labour and protection of young people at work (art. 32), family and
professional
life (art. 33), social security and social assistance (art. 34)].
the ICESCR (UN) and in the CFR (UE)?
Article 6 of the ICESCR
1. The States Parties to the present Covenant
recognize the right to work, which includes the
right of everyone to the opportunity to gain his
living by work which he freely chooses or
accepts, and will take appropriate steps to
safeguard this right.
2. The steps to be taken by a State Party to the
present Covenant to achieve the full realisation
of this right shall include technical and vocational
guidance and training programmes, policies and
techniques to achieve steady economic, social
and cultural development and full and productive
employment under conditions safeguarding
fundamental political and economic freedoms to
the individual.
Article 15 “Freedom to choose an occupation
and right to engage in work” of the CFR
occupation.
Member State.
Union
the ESC Revised (Council of Europe) and in the CFR (UE)?
Article 1 “The right to work” of the ESC (Revised)
With a view to ensuring the effective exercise of
the right to work, the Parties undertake:
1. to accept as one of their primary aims and
responsibilities the achievement and
maintenance of as high and stable a level of
employment as possible, with a view to the
attainment of full employment;
2. to protect effectively the right of the worker to
earn his living in an occupation freely entered
upon;
3. to establish or maintain free employment
services for all workers;
4. to provide or promote appropriate vocational
guidance, training and rehabilitation.
Article 15 “Freedom to choose an occupation and right to engage in work” of the CFR
occupation.
Member State.
Union.
Part II. Labour Law of the European Union

1. Freedom of movement of workers
2. Rights at work and working conditions
3. Protection against the unlawful dismissal
4. Social Security Law

Treaties currently in force:
• Treaty on European Union (Consolidated version 2016)
• Treaty on the Functioning of the European Union (Consolidated version 2016)
• Treaty establishing the European Atomic Energy Community (Consolidated version 2016)
• Charter of Fundamental Rights of the European Union (2016)
• Treaty on European Union

Art. 3.2
The Union shall offer its citizens an area of freedom, security and justice without internal
frontiers, in which the free movement of persons is ensured in conjunction with appropriate
measures with respect to external border controls, asylum, immigration and the prevention and
Combating crime.
• Treaty on the Functioning of the European Union

Arts. 4.2, 20, 26 and 45-48.
- Shared competence between the Union and the Member States applies in the
following principal areas: (a) internal market; (b) social policy, for the aspects defined in this
Treaty… [Art. 4.2 (a) and (b)].
- Citizens’ rights: (a) the right to move and reside freely within the territory of the
Member States (Art. 20.2)
• Treaty on the Functioning of the European Union

THE INTERNAL MARKET
Article 26
1. The Union shall adopt measures with the aim of establishing or ensuring the functioning of
the
internal market, in accordance with the relevant provisions of the Treaties.
2. The internal market shall comprise an area without internal frontiers in which the free
movement of
goods, persons, services and capital is ensured in accordance with the provisions of the
Treaties.
3. The Council, on a proposal from the Commission, shall determine the guidelines and
conditions
necessary to ensure balanced progress in all the sectors concerned.
TFEU, Title II Free movement of goods and Title IV Free movement of persons, services and
capitals
•The four freedoms govern the movement of goods, persons, services and capital within the EU.
They are the cornerstones of the Single Market and the common currency. They can be seen as
the greatest achievement of the European unification project.
TFEU, Title II Free movement of goods and Title IV Free movement of persons, services and
capitals
The four fundamental freedoms have been legally guaranteed since 1986.
They state that goods, services, capital and persons can move without restriction within the EU.
TFEU, Title IV Free movement of persons, services and capitals.

1. Freedom of movement for workers shall be secured within the Union.
nationality between workers of the Member States
as regards employment, remuneration and other conditions of work and employment.
3. It shall entail the right, subject to limitations justified on grounds of public policy, public
security or public health:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment in accordance with the provisions
governing the employment of nationals
of that State laid down by law, regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in that State, subject
to conditions which shall be
embodied in regulations to be drawn up by the Commission.
4. The provisions of this Article shall not apply to employment in the public service
Free movement of persons is one of the fundamental freedoms guaranteed by Community law.
It is perhaps the
most important right under Community law for individuals, and an essential element of
European citizenship.
For workers, this freedom has existed since the foundation of the European Community in 1957.
It is laid down in Article 45 TFEU and it entails:
- the right to look for a job in another Member State;
- the right to work in another Member State;
- the right to reside there for that purpose;
- the right to remain there;
- the right to equal treatment in respect of access to employment, working conditions and all
other advantages
The term “worker” is not defined in Art. 45. But it must be determined by Community /EU Law.
The concept and implications of this freedom have been interpreted and developed by the case
law of the ECJ, including the concept of worker itself. Thus, there is a definition of “worker” that
is unique to European Law.
Subsequently, a worker is any person who for a certain period performs services under the
direction of another person in return for which he receives remuneration. Whether unpaid
Interns or trainees fall within the definition of worker is a matter of debate. If a self-employed
person wishes to work permanently in another Member State, then the scope of protection for
freedom of establishment is applicable (Art. 49 et seqq.).
The term “worker” is not defined in Art. 45. But it must be determined by Community /EU Law.
This is different in the case of directives concerning labour law. They frequently refer to the
definition of employee applied by national law. See, for instance,
-Art. 3.1 (a) of Directive 2008/104/EC (Agency workers)
-Art. 2.1 (d) of Directive 2001/23/EC (Transfer of undertakings)
Exceptions and limits:

• Activities in the public service (The ECJ adopts a narrow interpretation of Art. 45.4)
• Public policy, security and health exceptions (Art. 45.3)
• Transitional provisions for nationals of the acceding States in 2004 ended in 2011, for Rumania
and Bulgaria in
2013.
On 30 June the first phase of transitional arrangements for Croatian workers came to an end.
Belgium, Cyprus,
France, Germany, Greece, Italy, Luxembourg and Spain have decided to allow Croatian citizens
full access to their
labour markets.
•Nationals of certain States enjoy limited rights on the basis of international agreements
(Association Agreement
with Turkey and Association Agreement on Free Economic Area (EEA) with Iceland, Norway
and Liechtenstein)
The free movement of workers is especially under discussion across the EU.
In some EU countries, there have been calls to regulate workers’ pay from lower wage EU
countries so that they cannot undercut domestic wages.
Others have demanded that locals should be given priority in the search for work in sectors with
high levels of unemployment.
Still others fear that recently-arrived Europeans may abuse the social benefits system without
Working.

nationality
between workers of the Member States as regards employment, remuneration and other
conditions of work and employment.
Art. 45.2 prohibits regulations that discriminate directly by reason of nationality (direct or overt
discrimination)
The ECJ also protects against indirect discrimination (if a regulation applies other criteria of
differentiation than nationality but this application in fact leads to migrant workers primarily
suffering disadvantages).

The ECJ also protects against indirect discrimination (if a regulation applies other criteria of
differentiation than nationality but this application in fact leads to migrant workers primarily
suffering disadvantages).
- Not taking into account previous employment abroad;
- Payment of tideover allowances only to students having completed secondary education in
that
Member State;
- Language requirements, if a job does not require them.
TFEU, Title IV Free movement of persons, services and capitals

The European Parliament and the Council shall, acting in accordance with the ordinary
legislative procedure and after consulting the
Economic and Social Committee, issue directives or make regulations setting out the measures
required to bring about freedom of
movement for workers, as defined in Article 45, in particular:
(a) by ensuring close cooperation between national employment services;
(b) by abolishing those administrative procedures and practices and those qualifying periods in
respect of eligibility for available
employment, … the maintenance of which would form an obstacle to liberalisation of the
movement of workers;
(c) by abolishing all such qualifying periods and other restrictions… regarding the free choice of
employment other than those imposed
on workers of the State concerned;
(d) by setting up appropriate machinery to bring offers of employment into touch with
applications for employment and to facilitate the
achievement of a balance between supply and demand in the employment market in such a
way as to avoid serious threats to the
standard of living and level of employment in the various regions and industries.

In 2020, according to Eurostat data, among EU citizens of working age (20-64), 3.8% resided in
an
EU country other than that of their citizenship– up from 2.4% in 2009. Additionally, 1.5 million
cross-border workers and 3.7 million postings were recorded. The figure for postings was down
from 4.5 million in 2019 because of pandemic-related restrictions. Compared to 2019, the
employment rate of movers also fell by 2.6 percentage points to 72.7 %, while the employment
rate of non-mobile workers recorded a smaller drop of 0.5 percentage points to 73.3 %. The
share of EU mobile citizens varies greatly between Member States, ranging from 0.8% for
Germany to 18.6% for Romania.

Impact of the COVID-19 pandemic on free movement of workers
The COVID-19 pandemic, which hit the EU in early 2020, led to unprecedented restrictions on
free movement of labour
across EU Member States, notably as a result of the re-introduction of border controls at internal
borders. Consequently,
cross-border, seasonal and posted workers experienced increased unemployment and serious
relocation issues.
In March 2020, the Commission issued guidelines concerning the exercise of the free
movement of workers during the
COVID-19 outbreak, supplemented by further guidelines on the free movement of health
professionals and of seasonal
workers in May and July 2020 respectively.
On 12 October 2020, the Council adopted a recommendation on a coordinated approach to the
restriction of free
movement in response to the COVID-19 pandemic, which contains provisions on waiving
quarantine requirements for
essential workers.
On 25 January 2021, the Commission proposed an update to the Council Recommendation of
October 2020 in light of the
risks posed by new virus variants, introducing stricter measures such as quarantine
requirements for some categories of
essential workers arriving from‘darkred’ areas
TFEU: The legal acts of the EU

Art. 288 (ex Art. 249 TEC)
To exercise the Union’s competences, the institutions shall adopt regulations, directives,
decisions, recommendations
and opinions.
applicable in all Member States.
is addressed, but shall
leave to the national authorities the choice of form and methods.
A decision shall be binding in its entirety. A decision which specifies those to whom it is
addressed shall be binding only
on them.
Recommendations and opinions shall have no binding force.
Regulation (EU) Nº 492/2011 details the rights derived from free movement of workers and
defines
specific areas where discrimination on grounds of nationality is prohibited, in particular as
regards:
- access to employment
- working conditions
- social and tax advantages
- access to training
- membership of trade unions
- housing and
access to education for children.
Workers’ rights of movement and residence Directive 2004/38/EC introduces EU citizenship as

the basic status for nationals of the Member States when they exercise their right to move and
reside freely in EU territory.
For the first three months, every EU citizen has the right to reside in the territory of another EU
country with no conditions or formalities other than the requirement to hold a valid identity
card or passport. For longer periods, the host Member State may require a citizen to register his
or her presence within a reasonable and non-discriminatory period of time.
These rules do not apply to posted workers, who are not availing themselves of their free
movement rights: instead, it is the employers who are making use of their freedom to provide
services in order to send workers abroad on a temporary basis.
Posted workers are protected by the Posting of Workers Directive (Directive EU 2018/957
amending Directive 96/71 EC), which provides for the same rules on remuneration as local
workers in the host country and regulates the period after which the labour law of the host
country applies.
Directive 2004/38/EC amended Regulation 1612/68/EEC with regard to family reunification and
extended the definition of ‘family member’ (formerly limited to spouse, descendants aged
under 21 or dependent children, and dependent ascendants) to include registered partners if
the host Member State’s legislation considers a registered partnership to be the equivalent of a
marriage. Irrespective of their nationality, these family members have the right to reside in the
same country as the worker.
The European Labour Authority (ELA), an initiative under the European Pillar of Social Rights,
was established in July 2019. Its main aims are:
-to ensure better enforcement of EU rules on labour mobility and social security coordination,
-to provide support services for mobile workers and employers,
-to support coordination between Member States in cross-border enforcement, including joint
inspections and mediation
-to resolve cross-border disputes, and
-to promote cooperation between Member States in tackling undeclared work.
1. Freedom of movement of workers Measures to support it:

• Reform of the system for recognition of professional qualifications completed in other EU
Member States in
order to harmonise and facilitate the procedure. This includes the automatic recognition of a
number of
professions in the health sector and of architects (Directive 2013/55/EU amending Directive
2005/36/EC);
• The issuing in 2016 of a European Professional Card to test an electronic recognition
procedure for selected
regulated professions;
• The coordination of social security schemes, including the portability of social protection,
thanks to Regulation
(EC) No 883/2004 and implementing Regulation(EC) No 987/2009;
• A European Health Insurance Card (2004) as proof of insurance in accordance with
Regulation No 883/2004, and
a directive on cross-border healthcare (Directive 2011/24/EU).
• Improvements in the acquisition and preservation of supplementary pension rights(Directive
2014/50/EU);
• The obligation to ensure judicial procedures providing redress for workers discriminated
against and to nominate
bodies promoting and monitoring equal treatment (Directive 2014/54/EU).
The EU has made major efforts to create an environment conducive to worker mobility. These
include:
— the adoption in April 2014 of Directive 2014/54/EU on measures facilitating the exercise of
rights conferred on workers in the context of freedom of movement for workers, which
specifically provides for new means of redress for workers discriminated against.
Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in

the context of freedom of movement for workers, aims to bridge the gap between rights and
reality and will make it easier for people working or looking for a job in another country to
exercise their rights in practice.
Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the
context of
freedom of movement for workers, aims to remove existing obstacles to the free movement of
workers, such as
the lack of awareness of EU rules among public and private employers and the difficulties faced
by mobile
citizens to get information and assistance in the host Member States. To overcome these
barriers and prevent
discrimination, the Directive will require Member States to ensure:
- one or more bodies at national level will provide support and legal assistance to EU migrant
workers with the enforcement of their rights
- effective legal protection of rights (including for example protection from victimisation for EU
migrant workers
who seek to enforce their rights) and
- easily accessible information in more than one EU language on the rights enjoyed by EU
migrant workers and jobseekers.
These rules will benefit mobile workers but also employers, who will be better informed when
hiring people from another EU country
2. Rights at work and working conditions

Every EU worker has certain minimum rights relating to:
•health and safety at work: general rights and obligations, workplaces, work equipment, specific
risks and
vulnerable workers
•equal opportunities for women and men: equal treatment at work, pregnancy, maternity leave,
parental leave protection against discrimination based on sex, race, religion, age, disability and
sexual orientation
•labour law: part-time work, fixed-term contracts, working hours, employment of young people,
informing and
consulting employees
Individual EU countries must make sure that their national laws protect these rights laid down by
EU legal acts (Regulations and Directives).
In the case of violation of these rights, the first step is to claim before a national authorities
(labour inspectorate
or/and employment tribunal).
Article 31 Fair and just working conditions (CFR)
1. Every worker has the right to working conditions which respect his or
her health, safety and dignity.
2. Every worker has the right to limitation of maximum working hours,
to daily and weekly rest periods and to an annual period of paid leave.
Every EU worker has certain minimum rights.
•Health and safety at work is one of the areas where the EU has had the biggest impact– with a
solid legal framework covering the maximum number of risks.
The Commission also works with the European Agency for Health and Safety at Work and the
European Foundation for the Improvement of Living and Working Conditions to disseminate
information, offer guidance and promote healthy working environments– particularly in small
Businesses.
•Health and safety at work
Legal basis
Directive 89/391/EEC "Framework Directive“, on the introduction of measures to encourage
improvements in the safety and health of workers at work.
On the basis of this "Framework Directive" a series of individual directives were adopted. The
Framework Directive with its general principles continues to apply in full to all the areas covered
by
the individual directives, but where individual directives contain more stringent and/or specific
provisions, these special provisions of individual directives prevail.
• Health and safety at work : Directive 89/391/EEC "Framework Directive“, on the introduction of
measures to encourage improvements in the safety and health of workers at work.
The general principles of prevention:
- avoiding risks
- evaluating the risks
- combating the risks at source
- adapting the work to the individual
- adapting to technical progress
- replacing the dangerous by the non- or the less dangerous
- developing a coherent overall prevention policy
- prioritising collective protective measures (over individual protective measures)
- giving appropriate instructions to the workers
Equal opportunities for women and men: equal treatment at work, pregnancy, maternity leave,
parental leave protection against discrimination based on sex, race, religion, age, disability and
sexual
orientation
Legal acts for equal rights between women and men have existed since the very early days of
the
European Community.
These laws cover a range of areas including equal treatment when apply for a job, equal
treatment at
work, protection of pregnant workers and breastfeeding mothers, and rights to maternity leave
and
parental leave.
Equal opportunities for women and men.
The legal acts on equal rights between women and men were joined by new EU legislation in
2000 that prohibit discrimination on other
grounds:
- Racial and ethnic origin
- Religion and belief
- Disability
- Sexual orientation
- Age
These five areas of discrimination, together with gender discrimination, are included in the
Amsterdam Treaty of the European Union as
areas where the EU can act to prevent discrimination.
Labour law
Labour law defines workers’ and employers’ rights and obligations and covers 2 main areas:
- working conditions- working hours, part-time & fixed-term work, posting of workers,
- informing & consulting workers about collective redundancies, transfers of companies,
etc.Every EU worker has certain minimum rights. Labour law
EU policies in recent decades have sought to
- achieve high employment & strong social protection,
- improve living & working conditions,
- protect social cohesion
Every EU worker has certain minimum rights. Labour law
The EU aims to promote social progress and improve the living and working conditions of the
peoples of Europe - see the preamble of the TFEU.
As regards labour law, the EU complements policy initiatives taken by individual EU countries by
setting minimum standards. In accordance with the Treaty - particularly Article 153 - it adopts
laws (directives) that set minimum requirements for
- working & employment conditions,
- informing & consulting workers.
The European Commission & labour law
The Commission checks that EU directives are incorporated into national law and ensures
through
systematic monitoring that the rules are correctly implemented.
When the Commission considers that an EU country has not incorporated a directive into
national law
correctly, it may decide to start infringement proceedings. In this way, it ensures that all the
rights set
out in the directives are available in national law.
However, the Commission cannot procure redress to individual citizens (i.e. compensate
damages or
set a situation right) – that is up to the competent national authorities
Flexicurity is an integrated strategy for enhancing, at the same time, flexibility and security in
the labour market. It attempts to reconcile employers' need for a flexible workforce with
workers' need for security– confidence that they will not face long periods of unemployment.
Security, on the other hand, is more than just the security to maintain one's job: it is about
equipping people with the skills that enable them to progress in their working lives, and helping
them find new employment. It is also about adequate unemployment benefits to facilitate
transitions. Finally, it encompasses training opportunities for all workers, especially the low
skilled and older workers.
Working with national governments, social partners and academics the EU has identified a set
of common
flexicurity principles and is exploring how countries can implement them through four
components:
- flexible and reliable contractual arrangements
- comprehensive lifelong learning strategies
- effective active labour market policies
- modern social security systems.Every EU worker has certain minimum rights. Labour law
Flexible and reliable contractual arrangements (from the perspective of the employer and the
employee, of ''insiders'' and ''outsiders'') through modern labour laws, collective agreements
and work organisation.
Comprehensive lifelong learning (LLL) strategies to ensure the continual adaptability and
employability of workers, particularly the most vulnerable.
Effective active labour market policies (ALMP) that help people cope with rapid change, reduce
unemployment spells and ease transitions to new jobs.
Modern social security systems that provide adequate income support, encourage employment
and facilitate labour market mobility. This includes broad coverage of social protection
provisions (unemployment benefits, pensions and healthcare) that help people combine work
with private and family responsibilities such as childcare.
Directive 2003/88/EC - Working Time Directive
To protect workers’ health and safety, working hours must meet minimum standards applicable
throughout the EU.
The EU’s Working Time Directive requires EU countries to guarantee the following rights for all
workers:
- a limit to weekly working hours, which must not exceed 48 hours on average, including any
overtime
- a minimum daily rest period of 11 consecutive hours in every 24
- a rest break during working hours if the worker is on duty for longer than 6 hours
- a minimum weekly rest period of 24 uninterrupted hours for each 7-day period, in addition to
the 11
hours' daily rest
- paid annually

throughout the EU.
The EU’s Working Time Directive requires EU countries to guarantee the following rights for all
workers:
extra protection for night work, e.g.
- average working hours must not exceed 8 hours per 24-hour period,
- night workers must not perform heavy or dangerous work for longer than 8 hours in any
24-hour
period,
- night workers have the right to free health assessments and, under certain circumstances, to
transfer to day work.

throughout the EU.
The Directive also sets out special rules on working hours for workers in a limited number of
sectors, including doctors in training, offshore workers, sea fishing workers and people working
in
urban passenger transport.
There are separate directives on working hours for certain workers in specific transport sectors.
The Working Time Directive is a key element of the acquis of the European Union (the ‘EU’). It
has
become one of the cornerstones of Europe's social dimension.
The first Directive of general application in the field of working time was adopted almost 25
years
ago.
The Directive establishes individual rights for any worker in the EU and thus gives concrete
expression to Article 31 of the Charter of Fundamental Rights of the European Union which
recognises as part of ‘EU primary law’ the right of every worker to ‘working conditions which
respect his or her health, safety and dignity’ and to ‘limitation of maximum working hours, daily
and weekly rest periods, and annual paid leave’
.Article 2 defines ‘working time’ and ‘rest time’ for the purposes of the Directive:
‘For the purposes of this Directive, the following definitions shall apply:
1.
‘working time’ means any period during which the worker is working, at the employer's
disposal and carrying out his activity or duties, in accordance with national laws and/or practice;
2.
‘rest period’ means any period which is not working time;’
As per Recital 5 of the Directive, the concept of ‘rest’ must be expressed in units of time, i.e. in
days, hours and/or fractions thereof.
DEROGATIONS
The derogations to the Working Time Directive also have the following common features:
1) They must be validly transposed in order to be used.
2) The derogations are limited to the cases in which they are expressly granted by the Directive
and also the scope of each derogation is limited to the provisions exhaustively listed in it.
3) The derogations are to be implemented ‘subject to strict conditions intended to secure
effective protection for the safety and health of workers’.

Legal basis:
- Treaties
- CFR
- Directives
- EPSR
One of the basic values of the EU is the protection against unlawful dismissal.
At present, unanimity in this field is not very likely among the 27 Member
States of the European Union.
3 approaches in this area are being discussed:
1. The idea of a common floor of rights
2. The protection of precarious workers
3. The common principles of dismissal law
TFUE (Articles 151 and 153)

Article 153:
“1. With a view to achieving the objectives of Article 151, the Union shall support and
complement the activities of the Member
States in the following fields:
(a) improvement in particular of the working environment to protect workers' health and safety;
(b) working conditions;
(c) social security and social protection of workers;
(d) protection of workers where their employment contract is terminated;
2. To this end, the European Parliament and the Council: (b) may adopt, in the fields referred to
in paragraph 1(a) to (i), by means
of directives, minimum requirements for gradual implementation (…) In the fields referred to in
paragraph 1(c), (d), (f) and (g),
the Council shall act unanimously (…)”
CFR, Article 30 Protection in the event of unjustified dismissal

Every worker has the right to protection against unjustified dismissal, in accordance with Union
law and national laws and practices.
This Article draws on Article 24 of the revised Social Charter
European Social Law
CFR, Article 53 Level of protection
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights
and fundamental freedoms as recognised, in their respective fields of application, by Union law
and international law and by international agreements to which the Union or all the Member
States are party, including the European Convention for the Protection of Human Rights and
Fundamental Freedoms, and by the Member States' constitutions.
European Social Charter (Revised), Article 24 The right to protection in cases of termination of
employment
With a view to ensuring the effective exercise of the right of workers to protection in cases of
termination of employment, the Parties undertake to recognise:
a) the right of all workers not to have their employment terminated without valid reasons for
such
termination connected with their capacity or conduct or based on the operational requirements
of
the undertaking, establishment or service;
b) the right of workers whose employment is terminated without a valid reason to adequate
compensation or other appropriate relief.
To this end the Parties undertake to ensure that a worker who considers that his employment
has
been terminated without a valid reason shall have the right to appeal to an impartial body.
employment
• Every worker shall have the right to protection against dismissal without a valid reason. What
is
regarded as a dismissal without a valid reason must be specified in a binding source (in
accordance
with national law and practices).
• Every dismissed worker is entitled to be informed of the reason for dismissal in order to be
able to
evaluate whether it is justified.
• Every worker must be entitled to appeal to an impartial body in case of dismissal.
• Every worker who has been dismissed without a valid reason must at least be entitled to
adequate compensation or other appropriate relief.
employment
• Protection against unfair dismissal was not part of the original European Social Charter of the
Council of Europe of 1961.
•This was introduced in Article 24 of the revised European Social Charter. The revised
European
Social Charter has been ratified by the 34 countries. Not (yet) ratified by Croatia, Czech
Republic,
Denmark, Luxembourg, Poland, Spain and the UK.
European Social Law
ILO Convention nº 158 (Termination of employment) Ratification by countries (36):
• a valid reason for termination (Article 4)
• a list of invalid reasons (Articles 5 and 6)
• opportunity to defend in advance (Article 7)
• appeal to an impartial body (Article 8)
• division of the burden of proof (Article 9)
• sanctions: reinstatement or financial compensation (Article 10)
• notice period (Article 11)
• severance allowance or social security unemployment benefits (Article 12)
• rules for collective dismissals (Articles 13 and 14)
ILO Convention nº 158 (Termination of employment)

• a valid reason for termination (Article 4):
The employment of a worker shall not be terminated unless there is a valid reason for such
termination connected with the capacity or conduct of the worker or based on the operational
requirements of the undertaking, establishment or service
ILO Convention nº 158 (Termination of employment)
•a list of invalid reasons (Articles 5 and 6):
- union membership or participation in union activities outside working hours or, with the consent
of the employer,
within working hours;
- seeking office as, or acting or having acted in the capacity of, a workers' representative;
- the filing of a complaint or the participation in proceedings against an employer involving
alleged violation of laws
or regulations or recourse to competent administrative authorities;
- race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion,
national extraction or
social origin;
- absence from work during maternity leave.
- temporary absence from work because of illness or injury shall not constitute a valid reason for
termination
(Article 6).
CFR, Article 33.2

Article 33 Family and professional life
1. The family shall enjoy legal, economic and social protection.
2. 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.
Collective redundancies: a situation where an employer takes a decision to lay off a group of
employees.
MAIN LEGAL ACTS
Directive 98/59/EC on the approximation of the laws of the Member States relating to
collective redundancies
Collective redundancies: a situation where an employer takes a decision to lay off a

group of employees.
WHAT IS THE AIM OF THE DIRECTIVE?
It requires employers to inform and consult staff representatives in the case of
collective redundancies.
It specifies the points which these consultations must cover and the information which
the employer is required to provide.
It also lays down procedural rules for collective redundancies.

group of employees.
Consultations
Any employer considering collective redundancies must hold consultation with the
workers’ representatives in good time with a view to reaching an agreement.
Consultations must at least cover the ways and means of:
- avoiding collective redundancies or reducing the number of workers affected and
- mitigating the consequences through accompanying social measures aimed notably at aid for
reemploying or retraining those workers made redundant.
Collective redundancies: a situation where an employer takes a decision to lay off a group of
employees.
The employer must provide workers’ representatives with all relevant information during the
course of the
consultations and must notify them of the following in writing:
the reasons for the redundancies;
the period during which the redundancies will be made;
the number and categories of workers normally employed;
the number and categories of workers to be made redundant;
the criteria used to select those workers to be made redundant;
the method used to calculate compensation (where applicable).

group of employees.
Collective redundancies take effect — at the earliest — 30 days after the notification;
the competent public authority uses this period to seek solutions.
EU countries can grant the public authority the power to reduce this period or to
extend it to 60 days following notification, in cases where the problems cannot be
resolved within the initial period. Wider powers of extension may be granted.
The employer must be informed of any extension and the grounds for it before expiry of the
initial period.
C-12/08, Key facts of the case:
In 2004, the company Mono Car Styling (‘Mono Car’) went through a difficult period as a result
of a sharp decline in orders and decided to reduce its workforce by way of collective
redundancies.
An agreement with its workers’ representatives, which fixed the number of redundancies at 30
and contained specific measures of compensation and support for the workers concerned was
reached.
The main proceedings arose from an action brought on an individual basis by 21 workers. Their
cause of action was an alleged failure by Mono Car to observe certain procedural requirements
laid down in the collective redundancies legislation. The referring court had to decide on an
appeal brought by Mono Car against a judgement of the court of prior instance awarding
damages to the workers for harm suffered as a result of irregularities in the redundancies
procedure.
C-12/08, Key facts of
the case:
This case involved interpreting whether Directive 98/59/EC on
the approximation of the laws of the Member States relating to
collective redundancies confers rights directly on workers and, if
so, whether those rights are individual or collective. In
particular, it was asked by the national referring court whether a
system for collective redundancies allowable under the Directive
was compatible with fundamental rights.
Results and key consequences of the case:

The AG advised that the Directive does not preclude
national measures which allow for a scheme whereby
collective redundancies can only be challenged by workers’
representatives.

Interpretation of article(s) and implications for the resolution of the case:
Articles 27 and 30: AG suggested that “Article 27 [EU Charter of Fundamental
Rights] that ‘[W]orkers or their representatives must, at the appropriate
levels, be guaranteed information and consultation in good time in the cases
and under the conditions provided for by Community law and national laws
and practices. In that case too, therefore, the legislature confirmed, by the
use of the conjunction ‘or’, that the right to information and consultation
may be provided for at a collective rather than individual level.
” (para. 49)

Interpretation of article(s) and implications for the resolution of the case:
The AG went on to say that the addition of the word ‘unjustified’ to the word ‘dismissal’
in Article 30 EU CFR meant that“protection is not provided, as a fundamental
individual right, with respect to every kind of irregularity that a dismissal might
involve. It makes clear that there must be a serious irregularity, as might arise, for
example, in relation to the actual merits of a decision to dismiss. Breaches of Directive
98/59, on the other hand, do not appear to be such as to justify reference to Article 30
of the Charter for, given the content of the directive, it is intended that the result of
such breaches will be illegality of a formal/procedural kind.
” (para 97)
MAIN LEGAL ACTS

Directive 92/85/ECC on the introduction of measures to encourage improvements in the safety
and health of pregnant workers and workers who have recently given birth or are
breastfeeding
KEY TERMS
Pregnant worker: a woman who informs her employer of her condition, in accordance
with national legislation and/or national practice.
Worker who has recently given birth: a woman who has recently given birth within the
meaning of national legislation and/or national practice and who informs her employer
of her condition, in accordance with that legislation and/or practice.
Worker who is breastfeeding: a woman who is breastfeeding within the meaning of
national legislation and/or national practice and who informs her employer of her
condition, in accordance with that legislation and/or practice.
This Directive aims to protect the health and safety of women in the workplace when pregnant
or
after they have recently given birth, and women who are breastfeeding.
KEY POINTS
EU countries are required to inform employers and female workers of risks to health and safety
at work posed by hazardous
substances and industrial processes.
Where risks are identified, employers are required to take action to protect female workers
concerned e.g. moving them to
another position or granting leave.
Where leave is granted, the employment rights and payment of an adequate allowance to
compensate for any loss of income
must be guaranteed by the employer.
Pregnant workers are not obliged to work night shifts, subject to the submission of a medical
certificate.
Pregnant workers may undergo antenatal medical examinations during working hours without
loss of pay.
The Directive provides for 14 weeks maternity leave of which 2 weeks must occur before birth.
Women must not be dismissed from work because of their pregnancy and maternity.
Maternity and paternity leave in the EU:

Maternity and paternity leave in the EU This infographic
aims to present the current maternity and paternity leave
situation in EU Member States. Most EU countries also grant
an additional period of parental leave, but parental leave is
not covered. EP 2023.
MAIN LEGAL ACTS

Directive (EU) 2019/1158 on work-life balance for parents and carers
this Directive provides for individual rights related to the following:
(a) paternity leave, parental leave and carers' leave;
(b) flexible working arrangements for workers who are parents, or
carers.
MAIN LEGAL ACTS

Directive (EU) 2019/1158 on work-life balance for parents and carers
Article 12 Protection from dismissal and burden of proof
1. Member States shall take the necessary measures to prohibit the
dismissal and all preparations for the dismissal of workers, on the
grounds that they have applied for, or have taken, leave provided for in
Articles 4, 5 and 6, or have exercised the right to request flexible
working arrangements referred to in Article 9.
MAIN LEGAL ACTS

Directive (EU) 2019/1152 on transparent and predictable working conditions in the European
Union
Article 18 Protection from dismissal and burden of proof
1. Member States shall take the necessary measures to prohibit the
dismissal or its equivalent and all preparations for dismissal of workers,
on the grounds that they have exercised the rights provided for in this
Directive.
EPSR
Principle 7. Information about employment conditions and protection in case of dismissals
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.
Prior to any dismissal, workers have the right to be informed of the reasons and be
granted a reasonable period of notice. They have the right to access to effective and
impartial dispute resolution and, in case of unjustified dismissal, a right to redress,
including adequate compensation.

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Part I.

Social Policy of the European Union

1. History and main features

27 Member countries of the EU (year of entry):

2020 –UK (Left on 31 January 2020)

The history of European Social Policy has been described as

Treaties currently in force:

TFEU: Horizontal provisions

TFEU, Title IV Free movement of persons, services and capitals

Title X. Social Policy (Arts. 151-161)

Title X. Social Policy (Arts. 151-161)

Title X. Social Policy (Arts. 151-161)

Title X. Social Policy (Arts. 151-161)

• Charter of Fundamental Rights of the European Union

• Charter of Fundamental Rights of the European Union

• Charter of Fundamental Rights of the European Union

• Charter of Fundamental Rights of the European Union

3. Institutions, bodies and actors

The EU’s unique institutional set-up

The EU’s unique institutional set-up

The EU’s unique institutional set-up

European Parliament, Committee on Employment and Social Affairs (EMPL):

The EU’s unique institutional set-up

The EU’s unique institutional set-up

Other EU institutions and bodies

The Court of Auditors checks the financing of the EU's activities.

Other EU institutions and bodies

- The Court of Auditors checks the financing of the EU's activities.

European Commission, Employment, Social Affairs and Inclusion

European Economic and Social Committee (EESC)

European Social Fund

European Social Fund Plus (ESF+)

European Social Fund Plus (ESF+)

European Social Fund Plus (ESF+)

Charter of Fundamental Rights of the European Union

Charter of Fundamental Rights of the European Union

Charter of Fundamental Rights of the European Union

Part II. Labour Law of the European Union

1. Freedom of movement of workers

• Treaty on European Union

• Treaty on the Functioning of the European Union

• Treaty on the Functioning of the European Union

TFEU, Title IV Free movement of persons, services and capitals.

Exceptions and limits:

TFEU, Title IV Free movement of persons, services and capitals.

TFEU, Title IV Free movement of persons, services and capitals.

TFEU, Title IV Free movement of persons, services and capitals

1. Freedom of movement of workers

1. Freedom of movement of workers

TFEU: The legal acts of the EU

Workers’ rights of movement and residence Directive 2004/38/EC introduces EU citizenship as

1. Freedom of movement of workers Measures to support it:

Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in

2. Rights at work and working conditions

Directive 2003/88/EC - Working Time Directive

Directive 2003/88/EC - Working Time Directive

3. Protection against the unlawful dismissal

TFUE (Articles 151 and 153)