Documents considered by the Committee on 24 March 2015 - European Scrutiny Contents


2 Employment guidelines

Committee's assessment Politically important
Committee's decisionNot cleared from scrutiny; recommended for debate in European Committee B along with the draft Council Recommendation on broad guidelines for economic policies of Member States and the EU (Council document 6813/15 + ADD 1)
Document detailsDraft Council Decision on guidelines for the employment policies of the Member States
Legal baseArticle 148(2) TFEU; —; QMV
Department

Document numbers

Work and Pensions

(36703), 6144/15 + ADD 1, COM(15) 98

Summary and Committee's conclusions

2.1 The EU Treaties provide that Member States are to regard their economic policies and the promotion of employment as "a matter of common concern".[17] At our meeting on 18 March 2015, we considered a draft Council Recommendation establishing four broad guidelines for Member States' economic policies.[18] In this chapter, we consider four further guidelines for Member States' employment policies. As each set of guidelines has a distinct legal base in the EU Treaties, they have been proposed as separate legal instruments which are, however, "intrinsically interconnected".[19] Together, they constitute the new "integrated guidelines" which are intended to provide the framework for policy coordination within the annual European Semester and to underpin the remaining years of the EU's Europe 2020 Strategy for jobs and growth. The guidelines will be considered by the European Council in June.

2.2 The Government notes that the guidelines are not legally binding and considers their content to be broadly acceptable, whilst highlighting concerns about the use of "inappropriately prescriptive language on labour taxation and Member States' social policies".

2.3 We have already recommended that part one of the integrated guidelines, concerning economic policies, should be debated in European Committee B. We consider that the second part of the guidelines, dealing with Member States' employment policies, should be debated at the same time. We urge the Government to ensure that the debate takes place before the June Employment and Social Policy (EPSCO) Council and the European Council.

2.4 We suggest that Members may wish to invite the Government to amplify its concerns regarding the references in the employment guidelines to labour taxation and Member States' social policies during the course of the debate.

Full details of the documents: Draft Council Decision on guidelines for the employment policies of the Member States: (36703), 6144/15 + ADD 1, COM(15) 98.

Background

2.5 The employment guidelines have to be agreed each year by a Decision of the Council and must remain consistent with the broad economic guidelines. They form an important part of the Europe 2020 Strategy, agreed by the European Council in March 2010, and the European Semester, an EU-level framework for coordinating and assessing Member States' structural reforms and fiscal/budgetary policy and for monitoring and addressing macroeconomic imbalances.

2.6 The Europe 2020 Strategy seeks to establish a comprehensive policy framework to address the challenges facing the EU during the period to 2020, with a specific focus in the remaining years on investment, structural reform and fiscal responsibility. The policy orientations contained in the integrated guidelines, along with the associated reporting and monitoring processes, are intended to help transform the EU into "a smart, sustainable and inclusive economy delivering high levels of employment, productivity and social cohesion" by 2020. The Strategy sets out five "headline targets" which the EU should aim to achieve by then. They include one on employment which seeks to raise the employment rate amongst those aged between 20 and 64 to 75% and to encourage labour market participation amongst young people, older workers, low-skilled workers, as well as better labour market integration of legal migrants.

2.7 The integrated guidelines also form an integral part of Member States' National Reform Programmes which determine how the objectives of the Europe 2020 Strategy are to be achieved. Member States are required to produce an annual report describing the principal measures taken at national level to implement the employment guidelines. These reports form the basis of a Joint Employment Report prepared annually by the Commission and Council for submission to the European Council along with the Commission's Annual Growth Survey.

2.8 The current employment guidelines, which have been rolled over each year from 2010 to 2014, are designed to:

·  increase labour market participation, reduce structural unemployment and promote job quality;

·  develop a skilled workforce and promote lifelong learning;

·  improve the quality and performance of education and training systems and increase participation in higher education; and

·  promote social inclusion and combat poverty.

The draft Council Decision

2.9 Although the employment guidelines have to be renewed annually, they have remained stable during the five years from 2010 to 2014 to allow sufficient time for effective implementation. The new guidelines proposed by the Commission are set out in an Annex to the draft Council Decision. The recitals to the draft Decision make clear that "moving the Union to a state of strong, sustainable and inclusive growth and job creation is the key challenge faced today".[20] They also place particular emphasis on addressing the social impact of the economic and financial crisis through the effective functioning of labour markets and social welfare systems. Although addressed to the Member States, the guidelines are intended to be implemented "in partnership with all national, regional and local authorities, closely associating parliaments, as well as social partners and representatives of civil society".

2.10 The employment guidelines form the second part of the integrated guidelines and are numbered accordingly from five to eight. Each guideline has a headline title, followed by descriptive paragraphs setting out some common objectives to be pursued by Member States.

GUIDELINE 5: BOOSTING DEMAND FOR LABOUR

2.11 This guideline encourages Member States to:

·  facilitate job creation by reducing barriers to employment, promoting entrepreneurship, and supporting the creation of small businesses;

·  take active measures to promote the social economy and foster social innovation;

·  shift the tax burden from labour while protecting revenue necessary for the provision of adequate social protection and other growth-enhancing expenditure;

·  remove barriers and disincentives to labour market participation;

·  encourage wage-setting mechanisms (together with social partners) so that wages keep pace with productivity, taking into account differences in skills and local labour market conditions as well as in economic performance across regions, sectors and companies; and

·  ensure, when setting minimum wages, that the impact on in-work poverty, job creation and competitiveness is considered.

GUIDELINE 6: ENHANCING LABOUR SUPPLY AND SKILLS

2.12 This guideline urges Member States to:

·  promote productivity and employability by ensuring an appropriate supply of relevant knowledge and skills;

·  invest in education and vocational training systems to improve skills levels within the workforce;

·  improve access to quality adult learning and implement active ageing strategies to extend working lives;

·  reduce the number of long-term unemployed and the level of youth unemployment through strategies supporting a return to the labour market and implementation of youth employment guarantees;

·  improve education and training systems to ensure good quality learning outcomes and reduce early school leaving;

·  consider dual learning systems, as well as increased opportunities for recognising skills acquired outside the formal education system;

·  reduce barriers to labour market participation, especially for women, older workers, people with disabilities, and legal migrants;

·  ensure gender equality and equal pay in the labour market, as well as access to affordable and good quality early childhood education and care; and

·  make full use of the European Social Fund and other EU funds to improve employment, social inclusion, education and public administration.

GUIDELINE 7: ENHANCING THE FUNCTIONING OF LABOUR MARKETS

2.13 This guideline recommends that Member States should:

·  reduce labour market segmentation, ensuring that employment protection rules encourage recruitment while also providing adequate protection for those in work, seeking work, or employed on temporary contracts;

·  ensure close involvement of national parliaments and social partners in designing and implementing labour market reforms and policies;

·  strengthen active labour market policies;

·  ensure that social protection systems are effective in activating those able to participate in the labour market whilst protecting those who cannot, as well as preparing individuals to manage risk;

·  promote inclusive labour markets and put in place effective anti-discrimination measures; and

·  support the mobility of workers through measures to enhance the portability of pensions and recognition of qualifications, whilst guarding against abuse of existing free movement rules.

GUIDELINE 8: ENSURING FAIRNESS, COMBATING POVERTY AND PROMOTING EQUAL OPPORTUNITIES

2.14 This guideline encourages Member States to:

·  modernise their social protection systems to ensure fair, effective, efficient and adequate protection;

·  ensure that social policies are better targeted and complemented by affordable, good quality childcare and education, training and employment support, housing support, accessible health care, and access to basic services (such as bank accounts and the Internet);

·  take action to reduce levels of early school leaving and tackle social exclusion;

·  support investment in human capital and help prevent, reduce and protect against poverty;

·  reform pension systems to ensure their sustainability and adequacy in light of increasing longevity and demographic change; and

·  improve the accessibility, efficiency and effectiveness of healthcare and long-term care systems, while safeguarding fiscal sustainability.

The Minister's Explanatory Memorandum of 17 March 2015

2.15 The Minister for Employment (Esther McVey), noting the different legal bases in the EU Treaties for the two sets of guidelines, explains that the broad economic guidelines fall within the remit of the Economic and Financial Affairs Council (ECOFIN) whereas the employment guidelines are agreed by the Employment, Social Policy, Health and Consumer Affairs (EPSCO) Council.

2.16 The Minister describes how the employment guidelines fit within the annual reporting framework established as part of the European Semester:

    "The Employment Guidelines provide the context against which the Government prepares a report on implementation of national employment policy, the National Reform Programme, and which will be examined in the form of a peer review by other Member States' officials in the advisory Employment Committee. On the basis of this examination the Council may, on a recommendation from the Commission, make recommendations to individual Member States (the Country Specific Recommendations published in June). These would be agreed bilaterally by EPSCO. It would primarily be for the Government to decide how to report on any national policy it considered relevant to any recommendation made to the UK."[21]

2.17 The Minister notes that the guidelines are not legally binding and are intended to "frame the scope" of Member States' national employment policies. Turning to their substance, she continues:

    "The proposed language is in keeping with the current Employment Guidelines and it is broadly acceptable to the Government. However, there are some concerns about the use of inappropriately prescriptive language on labour taxation and Member States' social policies, on which we already have some support. Nevertheless, the proposal here is in the early stages of negotiation, and there is ample opportunity to address our concerns."

2.18 Following consideration by the Employment and Social Protection Committees, and any other relevant Committees, the Minister expects the Latvian Presidency to seek agreement to a general approach at the EPSCO Council in June.

Previous Committee Reports

None, but our Thirty-seventh Report HC 219-xxxvi (2014-15), chapter 2 (18 March 2015) concerning the draft Council Recommendation on the broad economic policy guidelines is relevant.





17   Articles 121 and 146(2) TFEU. Back

18   See our Thirty-seventh Report listed at the end of this chapter for further details. Back

19   See p.2 of the Commission's explanatory memorandum accompanying the draft Decision. Back

20   Recital (6). Back

21   See para 18 of the Minister's Explanatory Memorandum. Back


 
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Prepared 27 March 2015