8.5.2018   

EN

Official Journal of the European Union

C 164/62

1.

welcomes the Commission’s proposal, which is consistent with and also builds on existing provisions in this area and the European Pillar of Social Rights, an initiative that seeks to strengthen the social dimension of the Union and enhance Member States’ upward convergence in the area of social performance. Combining legislative measures with non-legislative measures provides the means necessary to guarantee bottom-up convergence in the EU — something that the existing legislation has so far failed to ensure — while maintaining a degree of flexibility;

2.

notes that the legal basis of the Commission’s proposal for a directive — namely Article 153 TFEU — falls within the competences shared between the EU and the Member States and that the principle of subsidiarity is, therefore, applicable. Takes the view that, given that the Commission’s proposal seeks to modernise the existing legal framework in order to provide common minimum standards for work-life balance policies, EU-level action is necessary, suitable and appropriate. Notes in this regard that Article 153 TFEU explicitly provides that a directive is the instrument to be used to lay down minimum requirements for gradual implementation by the Member States, which should ensure that minimal intervention allows the proposal’s objectives to be met. The CoR agrees that such minimum standards are particularly relevant in the context of free movement of workers and the freedom of providing services in the EU Internal Market. Underlines, however, that Union action should leave as much scope for individual and national decisions as possible since it is established practice for this area to be regulated by the social partners at both EU and national level. Regions and municipalities have a dual role as employers and as authorities;

3.

would argue that the responsibility for a suitable work-life balance is to be shared between workers, families, the social partners, local and regional authorities and all public and private employers and service providers. Only by ensuring a holistic approach from all sides will it be possible to establish a socially and economically sustainable society that puts individuals and their families at the heart of policy-making;

4.

observes that due to cultural beliefs and norms, women are much more likely to assume the role of unpaid carers. This is one of the main reasons why women participate to a lesser extent in the labour market than men. As a result the CoR believes that work-life balance policies, including family leave, may contribute both to increasing employment rates of women and to higher fertility rates, leading to greater economic benefits for all. At the same time, it is important to ensure that family leave does not turn into a trap for women that further restricts their options on the labour market; that is why work-life balance policies must be accompanied by policies to ensure that responsibilities are shared by both sexes. Such policies would make it possible to bring about a change in social structures and a new social pact enabling time for work, domestic chores, caring, leisure and personal life to be divided fairly between men and women;

5.

points out that the current demographic trends make it imperative to rethink gender roles and promote more flexible and equal working arrangements, thus facilitating the choice of reducing working times and taking career breaks both for men and for women to care for children and other relatives;

6.

regrets that the scope of the directive is limited to workers with a contract of employment or an employment relationship and that it does not cover the various forms of atypical work, such as the self-employed, which would be in keeping with Directive 2010/41/EU on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity. This would also cover concealed employment relationships and economically dependent jobs (the bogus self-employed);

7.

agrees with the Commission on the economic and social advantages of a better work-life balance. This balance is a question not only of fairness, gender equality and optimal allocation of skills, but also of countries’ fiscal sustainability and of helping to achieve growth and employment priorities;

8.

calls, therefore, for a transition to a new work culture that recognises the shared benefits, for women, families and society of a better work-life balance, namely, that the predicted increase in women in employment and a smaller gender pay gap will impact positively on women themselves in terms of personal satisfaction, financial income and future pensions due to more consistent, fairer pension contributions, as well as for their family’s economic prosperity, their social inclusion and their health, while companies will benefit from a wider pool of talent and a more motivated, more productive workforce as well as less absenteeism;

9.

notes that parents and carers, regardless of whether they are women or men, young or older, are also employees and entrepreneurs who live in both rural and urban areas and contribute to their vibrancy; highlights the difficulties of finding carers in these areas given the higher proportion of older people living there. With this in mind, a European label for family-friendly towns and cities could be considered, awarded to those towns and cities providing family-friendly infrastructure, which incites citizens to either remain or move there, thus increasing investment attractiveness for the town or city concerned (1);

10.

acknowledges the role played by local and regional authorities in this area, given their competences in matters that affect daily family life, such as childcare, care for the elderly and people with disabilities, education, social services and employment. Multi-level governance is therefore important for the optimal implementation of the directive (2);

11.

urges, therefore, that local and regional authorities as large public sector employers in many Member States, be supported in their endeavours to implement appropriate employment and social policies, including through support and capacity-building geared towards implementing work-life balance policies;

12.

stresses the importance of the Structural and Investment Funds as tools to promote — in an appropriate manner — the development of measures to create a better work-life balance, particularly by local and regional authorities. In particular, the European Social Fund should be bolstered to better address deprivation, in-work poverty and social inclusion in addition to employability support;

13.

highlights that many good practices already exist at local and regional level and should be shared, promoted, and replicated at all levels; those businesses which work to ensure a genuine work-life balance for their employees should be rewarded;

14.

note that regions and cities can also ensure easy access to services and leisure by designing and implementing integrated cultural, trade and transport policies that take account of the need to ensure a work-life balance;

15.

regrets the lack of mention of the Barcelona objectives, which aim to increase women’s activity rates and, in 2002, set a target in which the European Council agreed that childcare should be provided for at least 90 % of children between three years old and the mandatory school age and for 33 % of all children under the age of 3 for European countries. These objectives have not been met by all Member States, and efforts therefore need to be further stepped up to implement them;

16.

points out that the European Semester is a powerful tool in the area of fiscal policy and that it could be very helpful in giving Member States guidance and recommendations concerning economic disincentives for second earners, and guidance on care services;

17.

stresses the need to provide flexible working arrangements and to ensure that they are not managed in such a way as to become synonymous with low wages and reduced promotion prospects, especially for women. At the same time, such flexible working arrangements should be properly discussed with employers so as to minimise the risk of disruptions, especially when it comes to SMEs;

18.

draws attention to the importance of enabling easy access to training for parents or carers who have had to be absent for lengthy periods due to family and care commitments, and to the wealth of skills acquired by carers;

19.

underlines that in today’s labour market, in order to improve employment prospects for all Europeans, but in particular young people, women and carers, measures are needed to increase flexibility and security of new business models and new types of employment. Provided it is properly regulated and accompanied by measures to ensure legal clarity and certainty, increased flexicurity brings benefits to both employees and employers;

20.

points out that single parents have to contend with particular challenges in terms of work-life balance and need specific support. They are particularly frequently in part-time work, have few chances of career progression and have particular difficulties in education and training. The Member States and the social partners are called upon to offer flexible working time models especially for single parents and to offer them vocational training compatible with their family responsibilities;

21.

it is important for the experience acquired by carers in carrying out this task in their private life to be able to receive practical recognition that helps them access the labour market on a professional basis, with a view to carrying out the same tasks for which they have developed skills in their private life;

22.

is disappointed by the lack of proposals to strengthen maternity rights, regarding, for example, protection against dismissal over an extended period of time and, more generally, discrimination at work. This is a missed opportunity, particularly given the purpose of the directive, which is to replace the directive on maternity leave that was withdrawn in 2015;

23.

welcomes the introduction of paternity leave and deems it beneficial to both parents and children. Cultural change for fathers to feel that it is acceptable for them to take time off work to care for a child is required which will be brought about more quickly if both parents are treated more equally from the start of the pregnancy;

24.

agrees with the proposal to grant paternity leave without prejudice to marital or family status, as defined in national law, to avoid any discrimination. It is a matter for the Member States to define the conditions of access and detailed arrangements for the application of parental leave where there are more than two applicants for such parental leave;

25.

encourages the introduction of parental leave, which would be paid as determined by the Member States, who have exclusive competence in this area, by means of legislation or collective agreements and with Member States allowed to lay down the precise arrangements. The CoR maintains that a good work-life balance for parents, which would increase the time in which they are available without threatening their job security, is crucial to the well-being of children and society;

26.

recognises that the introduction of paid care leave is an important proposal as it acknowledges and supports those who spontaneously and informally care for elderly or disabled dependant relatives and their commitment to solidarity between generations within families. However, efforts are still needed to guarantee that a sufficient number of long-term facilities are in place to meet emerging needs and that European funds are earmarked for providing long-term care services. These two aspects are essential to help Member States manage the current demographic trends in Europe: the ageing of the population, falling birth rates and an increase in life expectancy. Work-life balance and gender equality need to be complemented by investment in quality long-term care and diversification of services in this area;

27.

welcomes the proposal to produce more and better data as part of the non-legislative measures proposed by the Commission, and stresses the need to collect data at local and regional level, in order to be able to shape policies in a targeted and resource-efficient way;

28.

express recognition should be given to the educational importance of early childhood services and, consequently, the support measures implemented should take account of this aspect in order to value the staff employed and promote the social perception of work in this extremely sensitive area;

29.

underscores that in addition to strengthening protection around leave, the success of the new Directive will depend also on tackling the gender pay gap and ensuring greater equity in the labour market;

30.

proposes that data be collected on working hours, including a breakdown by sex and age in order to obtain information on intersectional discrimination;

31.

suggests working with the European Institute for Gender Equality (EIGE), the European Foundation for the Improvement of Living and Working Conditions (EUROFOUND) and the European Centre for the Development of Vocational Training (Cedefop) and national and regional equality bodies to continuously update work-life balance indicators to ensure data is relevant and timely;

32.

calls on the Commission to urge Member States to include gender equality education in compulsory and pre-school education, and to continue with public authorities’ efforts to provide information and raise awareness;

33.

urges the Commission to focus its efforts on ensuring the implementation and enforcement of existing European legislation and existing objectives, in order to achieve work-life balance for parents and carers. The EU should develop and adopt a new multi-annual European gender equality strategy, monitor the situation in the Member States, and disseminate information and good practices in the field of gender equality. Broader gender mainstreaming could provide impetus for efforts at national level;

34.

calls on the Commission to urge the Member States to implement measures to reduce the financial cost of childcare during mothers’ and fathers’ working hours, from birth to the start of compulsory schooling;

35.

calls on the Commission to urge the Member States to consider the situation of SMEs and micro SMEs and to implement economic measures so that these businesses can promote a work-life balance for their employees.