BEU, Alm.del - 2020-21 - Bilag 71: Orienteringsnotat vedr. Dansk høringssvar vedr. Kommissionens offentlige høring om handlingsplan for den europæiske søjle af sociale rettigheder, fra beskæftigelsesministeren

Beskæftigelsesudvalget 2020-21
BEU Alm.del Bilag 71
Offentligt

MEMORANDUM

The Danish Government’s views on the forth-

coming action plan to implement the Euro-

pean Pillar of Social Rights

30. November 2020

File no. 2020 - 4539

CADI

Overall remarks

The European Union is a global role model for the social market economy, com-

bining high employment, a high degree of social equality and sustainable growth,

in accordance with Articles 9 and 151-161 of the TFEU, and the European Social

Charter.

Since the European Pillar of Social Rights (hereinafter referred to as

“the

EPSR”)

was proclaimed at the Social Summit in Gothenburg on 17 November 2017, it has

served as a compass for the development of the EU social dimension. In the Strate-

gic Agenda for 2019-2024 the EU Member States declares that:

”The

European

Pillar of Social Rights should be implemented at EU and Member State level, with

due regard for respective competences.”

The reference to implementation at different levels and the respective competences

is key, because the EPSR addresses a number of issues related to the Member

States’ different labour marked models and social protection systems. These differ-

ences require policies that take into account the situation in the individual Member

States, including the involvement of the social partners. It is necessary to ensure

regulation and reforms that works in practice.

It is thus crucial for Denmark that further work based on the principles of the EPSR

must continue to respect the division of competences between the EU institutions,

the principle of subsidiarity, and the different labour market models, including the

role and autonomy of the social partners.

In addition, it must be borne in mind that the principles of the EPSR are not legally

binding. It follows that concrete proposals for regulation at EU-level regarding the

principles of the EPSR must be treated as separate proposals according to the nor-

mal procedure.

Denmark has a number of suggestions for new initiatives inspired by the 20 princi-

ples of the EPSR that could be included in the forthcoming action plan to imple-

ment the EPSR. The proposals are elaborated below and include, among other

things, lifelong learning, social dialogue, safety and health at work, free and fair

movement. Reference is also made to the two attached non-papers on a European

ID card and social dialogue.

BEU, Alm.del - 2020-21 - Bilag 71: Orienteringsnotat vedr. Dansk høringssvar vedr. Kommissionens offentlige høring om handlingsplan for den europæiske søjle af sociale rettigheder, fra beskæftigelsesministeren

It should be noted, that any references below to proposals from the Commission -

presented or forthcoming - should not be taken as an expression of a detailed Dan-

ish position and therefore do not prejudge the Danish position on the specific pro-

posals.

It should also be noted that in recent years a number of initiatives have been

adopted that contribute to support the principles of the EPSR. This includes the Eu-

ropean Accessibility Act, the ongoing updates of the Directive on the Protection of

workers from the risks related to exposure to carcinogens or mutagens at work, the

Directive on transparent and predictable working conditions, the Council Recom-

mendation on access to social protection for workers and the self-employed, ELA,

a greater focus on the social dimension in the European Semester and the Council

Conclusions on improving the working and living conditions of seasonal and other

mobile workers.

It is important that we jointly make these initiatives work in the best possible way.

It is therefore a key task over the next few years to focus on the implementation

and enforcement of the existing regulation, especially to support the goal of free

and fair movement.

Finally, the ESPR can continue to serve as a compass, including as part of the

Open Method of Coordination and the European Semester. But as the Commission

also points out in the consultation on the action plan to implement the EPSR, action

at EU level is not enough to deliver good social outcomes. The Member States, the

regions, the local authorities, the social partners, the enterprises and the civil soci-

ety organisations all play crucial roles at their various levels in delivering good so-

cial outcomes. This is especially the case when it comes to designing and deliver-

ing on labour market policies and reforms with the aim of enabling more people to

participate in the labour market on decent terms.

Suggestions for additional initiatives related to the principles of

the EPSR

Lifelong learning, reskilling and education (principles 1 and 4):

It is vital to ensure a workforce that is continuously adapted to changes in the la-

bour market so that no one is left behind. It is vital at all times, but the need is em-

phasised by the green transition, the digital transition, and as part of the recovery

from the COVID-19 pandemic. Denmark, therefore, supports the focus on lifelong

learning and upskilling within existing funding of relevant programs of the Euro-

pean funds, in particular, the European structural funds. In addition, it is key to fo-

cus on ensuring all young people's education or employment, so Denmark supports

the continued work on the Youth Guarantee.

Gender equality and equal treatment (principles 2 and 3):

All people should have the same opportunities to unleash their full potential in rela-

tion to education, the labour market, and society in general. This applies regardless

of gender, race or ethnic origin, religion or belief, disability, age, or sexual orienta-

tion. Denmark, therefore, supports the Gender Equality Strategy 2020-2025, just as

Denmark welcomes the

Commission’s’

LGBTI + Strategy.

Social economy enterprises (principle 4):

Additional efforts should be made to ensure that people on the margins of the la-

bour market are able to become part of the working community. One element in

this may be support for employment in social economy enterprises. Denmark,

therefore, looks forward to the

Commission’s

forthcoming proposal for an action

plan for the social economy.

The balance between rights and obligations (principle 5):

The balance between rights and obligations is a crucial element of the flexicurity

approach. This balance should be considered when planning regulation in the field

of employment. However, it is crucial that the overall design of the labour markets,

including both the passive and active labour market policies, and the social systems

continue to remain a matter of national competence.

Free and fair movement (principles 5, 6, and 10):

The free movement of people and services is a prerequisite for a strong and com-

petitive EU. Free movement makes it possible for enterprises to prosper, people to

succeed, and societies to progress. But it is not enough to ensure that movement is

free. We also need to ensure it is fair. Fair for the worker, fair for the businesses,

and fair for the society at large. Fraud, abuse, and exploitation of workers are con-

tinuous challenges.

Denmark calls for a European ID Card, a European blacklist, and a social protocol.

The possible European ID Card is addressed in the attached non-paper. The Euro-

pean Labour Authority should effectively strengthen cross-border cooperation and

enforcement and help the Member States identify fraud and abuse concerning e.g.

bogus-self employment, letter box companies and unlawfully obtained social bene-

fits. In addition, seasonal and posted workers should be some of the key target

groups of

ELA’s

risk assessment, inspection, and enforcement activities.

Platform economy workers (principle 5):

The platform economy can contribute to foster labour market participation for peo-

ple at the margins of the labour market, but the working conditions for platform

economy workers must not lead to a race to the bottom. Decent working conditions

should be ensured for all in the platform economy. The main responsibility for en-

suring decent working conditions should remain within the Member States, while

the key EU focus should be on enforcement and exchange of best practices. It is

therefore vital that the coming initiative on improving the working conditions of

platform workers respects the role and competences of the Member States and the

different labour market models, including those where social partners are responsi-

ble for pay and working conditions.

Wages and social dialogue (principles 6 and 8):

Every worker in the EU should be able to make a decent living when working full

time. For the sake of the individual worker but also for the sake of fair competition

in the internal market. Denmark recognizes the challenges in this area and supports

the purpose of the proposed initiative on minimum wage. However, binding EU-

measures on minimum wage runs the risk of undermining well-functioning labour

market models where wages are set exclusively through collective bargaining, and

where the social partners negotiate wages without political interference. Instead, a

lot can be done by creating non-binding incentives to promote social dialogue in

Member States. In this regard, a number of initiatives could be taken at the EU

level in terms of awareness-raising, exchanging best practices, identifying opportu-

nities and obstacles and making recommendations, supporting capacity building,

creating incentives, etc. These possible measures are described in the attached non-

paper on social dialogue.

Occupational Safety and Health (principle 10):

It should be the aim that no one gets ill from going to work. Denmark calls for an

increased focus on and transparency of the implementation and enforcement of ex-

isting regulation concerning occupational safety and health. In the future, there

must also be a focus on

“classic”

issues like the improvement of the working con-

ditions, including for instance the continuous updating of the Directive on the pro-

tection of workers from the risks related to exposure to carcinogens or mutagens at

work. The forthcoming proposal for a New Occupational Safety and Health Strat-

egy should also address

“new”

issues such as the psychosocial risks.

Early childhood education and care (principle 11):

Early childhood education and care (ECEC) of high quality is an important element

in ensuring children’s

well-being,

learning, and development. ECEC of high qual-

ity is important for all children; however, research shows that ECEC of high qual-

ity is especially important for the development and learning of children in vulnera-

ble positions. In addition, accessible and affordable quality ECEC is critical in rela-

tion to supporting equal labour market participation for both women and men.

There is therefore a continued need to focus on reaching the Barcelona targets.

People with disabilities (principle 17):

All people should be offered the possibility to be included in general society, in-

cluding in education and the labour market. Therefore, Denmark looks forward to

the

Commission’s

forthcoming proposal for a European disability strategy post

2020 and supports the vision of an implementation of the UN Convention on the

Rights of Persons with Disabilities in the EU.