TRANSNATIONAL ACTION IN THE COORDINATION FIELD: A FOCUS ON NON- STANDARD WORK

Transcription

1 Réf. VP/2010/004/0042 N SI TRANSNATIONAL ACTION IN THE COORDINATION FIELD: A FOCUS ON NON- STANDARD WORK P. Cammilli

2 Référence VP/2010/004/0042 N d engagement SI

3 Who Project Partner Belgium Inca Belgium (promoter) Fgtb France Inca France Cgt Germany Inca Germany Italy Inca Italy Cgil United Kingdom Inca United Kingdom Slovenia Inca Slovenia Oso Spain Inca Spain Cc.Oo (Ces/ETUC)

4 Framework A «modernized» system for the coordination of social security schemes is in force since the 1st of May 2010: Regulation (CE) n 883/2004 Regulation(CE) n 987/2009.

5 a project of trans-national cooperation aimed at improving the exchange of information and good practices on social security coordination and free movement of people.

6 3 topics Modernized coordination and new Regulations Migration and free movement of people Cooperation and exchange of information

7 How - Method Action learning Focus groups Transnational activities Transnational workshops in Belgium, Germany, Italy and France National activities National workshops in Belgium, Germany, France, Italy, United Kingdom, Spain, Slovenia, Luxemburg

8 THEORY PRACTICE

9 What New Coordination rules referring to: Retirement and old-age benefits Unemployment benefits Special non-contributory cash benefits Who Coordination rules depending on the status of migrants: Standard workers Non-standard workers Third-country nationals How New procedures introduced by Coordination Regulations: Electronic exchange Transversal knowledge and individual know-how Potential role for trade unions

10 EU labour market reforms Ambiguous classification of employment forms (grey area of dependent self-employed, atypical, precarious, etc.)

11 Initially conceived as an adaption of the original standard work in terms of employment duration (indefinite) and setting (full-time), or referred to specific forms of work Eurofound, 2010 (

12 Atypical - fixed term, part time, TAW, etc. Very-atypical very short fixed term (< 6 months), very short part-time (< 10 h/w), noncontract work, zero hours or on-call work, bogus self-employment, etc. Eurofound, 2010 (

13 What causes precariousness: Income Employment Working time Social security - lack or limited access, insufficient social benefits Participation Bispinck R., Schulten T., Trade union responses to precarious employment in Germany, WSI Discussion Paper n. 178/2011, German Report to the project BARSORI

14 Social protection for non-standard workers Fragmented career paths, Longer unemployment spells between jobs, Difficulties to aggregate employment periods, Ad-hoc protection measures for the unemployed

15 Social protection for non-standard workers Almost everywhere in Europe governments have guaranteed minimum protections to non-standard workers, Financed either by insurance schemes, Or by general taxation and collective solidarity

16 France, Belgium, Portugal Work incentives by combining a (partly) unemployment benefit/social assistance with a work income Finland, Belgium (2002), Netherlands (2001), France (2001) Tax credits in the framework of broader tax reforms Denmark Tax reductions for low or moderate incomes Germany (mini-job, midi-job), Belgium Reduction of employees social contributions for low wages, income- and means-dependent benefit system for unemployed, UB II

17 Risk that workers who can t be classified in one employment status might be excluded from certain social benefits. Those workers are often not eligible for statutory social security schemes with respect to other standard employees

18 What happens when non-standard workers decide to enjoy their right to free movement

19 Even renewed EU Regulations on Coordination of social security schemes were drawn on the needs of standard and stably employed workers

20 Regulations 883/2004 and 987/2009 Application of coordination principles to non-standard workers Special provisions for unemployment benefits Art. 7 Chapter 6, Art. 61 and following Exportability and aggregation of periods

21 REGULATION (EC) No 883/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the coordination of social security systems CHAPTER 6 Unemployment benefits Article 63 Special provisions for the waiving of residence rules For the purposes of this Chapter, Article 7 shall apply only in the cases provided for by Articles 64 and 65 and within the limits prescribed therein.

22 Exportability of unemployment benefits New unemployment benefits, when it comes to conditions of acquisition (income-dependent or means-dependent), represent a new picture in comparison with traditional forms of protection Problems of: Qualification of benefits (Social security vs. Social assistance) Export of benefits abroad

23 Scope of Coordination for different delivering systems of social security

24 Aggregation of periods: (Art. 6 and 61 BR Art. 54 IR) Periods of insurance, employment or self-employment should be aggregated for the acquisition, retention, recovery or duration of unemployment ECJ C-338/87 Warmerdam-Steggerda assessment should be based on national legislation Periods of employment completed without affiliation to an unemployment insurance in any Member State must be taken into account in the MS in which the benefit was applied for, as though they were periods of employment completed under the legislation of the latter State, provided that, according to the law of the State, these periods of employment would have been regarded as periods of insurance.

25 REGULATION (EC) No 883/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the coordination of social security systems CHAPTER 6 Unemployment benefits Article 61 Special rules on aggregation of periods of insurance, employment or self-employment 1. The competent institution of a Member State whose legislation makes the acquisition, retention, recovery or duration of the right to benefits conditional upon the completion of either periods of insurance, employment or self-employment shall, to the extent necessary, take into account periods of insurance, employment or self-employment completed under the legislation of any other Member State as though they were completed under the legislation it applies. However, when the applicable legislation makes the right to benefits conditional on the completion of periods of insurance, the periods of employment or self-employment completed under the legislation of another Member State shall not be taken into account unless such periods would have been considered to be periods of insurance had they been completed in accordance with the applicable legislation.

26 Gaps in EU legislation on Coordination Limits to the aggregation of periods completed under non-standard contracts not mutually recognized when moving to another MS Limits to the exportability of new protection measures (e. g. forms of unemployment assistance) for the unemployed

27 Resulting in: a major obstacle to free movement.

28 CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION Article 48 (ex Article 42 TEC) The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure, adopt such measures in the field of social security as are necessary to provide freedom of movement for workers; to this end, they shall make arrangements to secure for employed and self-employed migrant workers and their dependants: (a) aggregation, for the purpose of acquiring and retaining the right to benefit and of calculating the amount of benefit, of all periods taken into account under the laws of the several countries; (b) payment of benefits to persons resident in the territories of Member States.