The EESC Labour Market Observatory on the development in the self-employment work
Members of the EESC Labour Market Observatory (LMO) in Brussels on 27 January 2010 discussed and approved the following opinion:
SOC/344 Development in the Self-Employment Work
Economically dependent work is coming under the spotlight in response to the need for a better understanding of the changing nature of self-employment which, affected by profound economic and social change, has moved beyond the forms of independent work traditionally recognised in the countries of the European Union. Only some European countries have legally recognised a new, intermediate category of workers, in between employees and the self-employed. The main objective of the existing national legislation is to afford particular categories of workers better protection, without classing them as employees. With the development of cross-border services, the variety of legislation in this area is an issue that concerns the European Union as a whole. Community harmonisation of employment statuses, starting with an actual European definition of economically dependent work, is clearly not a straightforward matter. However, the pressing need to gain a better understanding of the developments in independent work must not be ignored: otherwise, a growing sector of European workers risk being left without protection. On the basis of these general observations, the following recommendations can be made:
A general definition of employed persons should be established at European level, with the ultimate aim of giving it genuine regulatory scope. Such an approach would firstly be necessary not only to ensure proper application of the existing European Labour Law Directives but also in view of the increases in cross-border employment in Europe. The existing differences in the way Member States distinguish between employees and the self-employed inevitably lead to problems in cases of worker mobility within the EU. Moreover, before any attempt is made to recognise economically dependent work on a European scale, a clear, accurate, common definition of employees should be established, in order to prevent any abuse.
The establishment of a series of core common rights for all workers, whether employees or self-employed, at European level, should be considered. On this basis, different kinds of protection could be envisaged, depending on a worker's level of dependence, ranging from true economic independence at one end of the scale to salaried work at the other, with work that is independent in legal terms but dependent in economic terms in the middle. This path is already being traced in the Member States that have chosen to recognise an intermediate category of workers. It could also be useful for the Commission to issue a Communication on this topic.
Means of drawing up an accurate statistical picture of economically dependent work in the European Union should be developed.
Studies permitting detailed analysis of national experiences in the area of economically dependent work should be promoted. Such evaluations would enable the priorities regarding protection for workers classed as economically dependent to be identified, together with the risks connected with the recognition of this new legal category and arrangements for collective representation of economically dependent workers.
The issue of economically dependent work should be integrated explicitly into the Integrated Guidelines for Growth and Jobs, in ways to be determined.
The European social partners should be encouraged to include economically dependent work in their work programmes, at cross-sectoral and sectoral level. The initiatives already undertaken by the European social partners in particular sectors, such as construction, illustrate how important the issue of professional status is for those involved in the European social dialogue. In this context, it could be helpful to assess the opportunities for developing links between the European social partners and organisations (particularly national bodies) representing independent workers.
Vladimíra Drbalová
International Organisations and EU Affairs
Member of the EESC
