Beskæftigelsesudvalget 2017-18
BEU Alm.del Bilag 189
Offentligt
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Statement by the Committee on
the Labour Market
2017/18:AU11
Subsidiarity check of the
Commission's proposal for a
directive on transparent and
predictable working conditions in
the European Union
Summary
The Committee proposes that the Riksdag submit a reasoned opinion
to the Presidents of the European Parliament, the Council and the
Commission in accordance with Chapter 10, Article 3 of the Riksdag
Act. The Committee considers that the Commission’s proposal
conflicts with the principle of subsidiarity.
First, the Committee notes that it is a question of such a draft
legislative act that is covered by the provisions regarding subsidiarity
under Article 5.3 of the Treaty on European Union. According to
Article 153.1 b of the Treaty on the Functioning of the European Union,
the EU shall support and complement activities of member states in
such areas as working conditions to achieve the objectives stated in
Article 151, which includes improvements to living and working
conditions.
The view of the Committee is that it is crucial for the authority of
Member States as regards labour law to be safeguarded in EU work.
This has been a cornerstone of the Swedish approach to the EU since
we joined the union. The basic premise must therefore be both now and
in the future, that issues lacking a clear transnational dimension within
the area of labour law are more appropriately dealt with at national
level.
The Committee certainly understands that there may be a need to
update the Written Statement Directive. The Committee notes that the
directive was adopted nearly 30 years ago and that there may be
grounds for amendments which better reflect the reality of the labour
market today. However, the proposal for this new directive goes beyond
this as it prescribes new substantive rights and contains definitions of
the terms ‘employee’ and ‘employer’.
The Committee notes that the parties to the Swedish labour market
 BEU, Alm.del - 2017-18 - Bilag 189: Udtalelse fra den svenske Riksdags arbejdsmarkedsudvalg vedr. forslaget om forudsigelige og gennemsigtige arbejdsvilkår KOM (2017) 797
– both the employee and employer organisations – have stated in
written communications to the Government that the proposal is not in
line with the principle of subsidiarity. The Committee shares the
assessment of the parties that the proposed directive represents an
interference with the Swedishlabour market model. The Swedish labour
market is characterised by the parties to the labour market bearing
principal responsibility for regulating conditions in the labour market.
This model with parties who take responsibility has been beneficial for
Sweden and led to a labour market and economy that have developed
strongly over time. The issues regulated in the proposed directive have
largely been solved in Sweden by way of collective agreements at
corporate, industry and/or national level. The Committee sees a clear
risk that the proposed rules could lead to disruption in Sweden’s
efficiently functioning system.
Furthermore, the Committee supports the view that the concept of
‘employee’ in relation to the different systems’ distinctive natures is
best defended and elaborated at national level. In addition to this, the
Committee does not rule out that a definition of the concept of
‘employee’ at EU level could have an impact in areas beyond that of
labour law. For example, it could affect areas in which member states
have exclusive competence. The consequences of the proposal are
difficult to foresee.
The Committee welcomes the intention of the proposed directive:
that it is important to create clear and predictable working conditions
and these should be adapted to developments in the labour market. The
Committee also shares the Commission’s assessment that there is a
common interest in greater upward convergence in terms of working
and living conditions for citizens in EU Member States. However, in
contrast to the Commission, the Committee considers that not all of the
measures proposed in the directive are taken most effectively at EU
level. As conditions and systems differ significantly between EU
member states, several of the issues covered by the proposed directive
are best regulated at national level. Furthermore, there is no clear
transnational dimension to the issues that it intends to regulate.
The examined proposals
The Commission's proposal to the European Parliament and Council for a
directive on transparent and predictable working conditions in the European
Union (COM(2017) 797).