New Action Plan on the implementation of the European Pillar of Social Rights - Related Opinions

The EESC underlines that artificial intelligence (AI) and algorithmic management (AM) can improve the quality of employment and working conditions if they respect the human-in-control principle. They can strengthen occupational safety and health, enhance work organization, work-life balance and skills development. The EESC also draws attention to risks related to OSH, data use and underlines the importance of ensuring transparency, explainability and fairness in the use of AI and AM. Finally, the EESC underlines the central role of social dialogue and collective bargaining at all levels in this field.

The EESC agrees with the proposal in the final report of the Conference on the Future of Europe (CoFoE, May 2022) and the resolution of the EP (9 June 2022), to add a social progress protocol (SPP) to the Treaties. This would help ensure that fundamental social rights are effectively protected in the event of conflict with economic freedoms. The EESC considers the SPP to be essential in order to strengthen the autonomy of the social partners, linking, on the one hand, the proper functioning of the single market and economic freedoms, including fair competition between the Member States and, on the other hand, respect and promotion of collective social rights. A SPP will enable the EU to be a leader when it comes to economic growth, the well-being of its citizens, and robust and sustainable businesses.

This opinion underlines that the Social Imbalances Procedure (SIP) would offer an opportunity to improve the coordination of national efforts to achieve upward social convergence. It recommends that the SIP should be integrated into the European Semester, throughout its different phases. The opinion proposes social imbalances to be defined as the critical situations identified by the social scoreboard and clear deviations from the path towards achieving the European Pillar of Social Rights Action Plan targets. It also suggests that the Commission and the Member States consider making existing rules for funds allocation more flexible so that they can be quickly adapted to current societal challenges and critical situations identified in the implementation of the SIP.

This Opinion welcomes the Commission's ambition to reduce the incidence of cancer, and its specific efforts to minimise exposure to asbestos at work. It recommends that the technical limit value for asbestos exposure under the Directive on the protection of workers from the risks related to exposure to asbestos at work should ultimately be set at a lower level than the Commission is currently proposing. This Opinion also suggests that roadmap of complementary measures over and above the Commission's proposals should be drawn up in order to achieve that objective. It calls on the EU and its Member States to actively promote an international ban on the use of asbestos and protection for workers dealing with existing asbestos during activities such as renovation, demolition and waste management.

The EESC welcomes the European Commission's proposal for a Directive on improving working conditions in platform work. The EESC underlined that the platform economy opens up opportunities for both businesses and workers but also raises concerns, which need to be addressed at European and national level and through collective bargaining. The EESC deems it necessary to ensure equal treatment between "traditional" companies and those using digital means based on the functions of algorithmic management, when used to manage work organisation and employment relations: direction, control and/or organisational power. The EESC supports the aim of the European Commission's legislative proposal to address the very diverse regulations in the Member States on the legal classification of the employment relationship.

This opinion seeks to analyse the impact of the emergency measures aimed at limiting unemployment, supporting income and helping businesses, with a particular focus on the SURE instrument. The EESC considers SURE as a positive and innovative financial instrument which delivers on European solidarity to preserve jobs, provide income support to workers and support businesses, as well as a tool for integration and socio-economic resilience in the EU.  It is proposed that a SURE observatory is set up for as long as the financial instrument is in operation, involving the social partners and other civil society organisations. The EESC also fully acknowledges the positive results of SURE highlighted in the Commission's report of March 2021 and endorses the proposal for its stabilisation in support of workers and businesses as a tool for the EU's integration and socio-economic resilience in times of crisis such as the current one.

In this opinion, the EESC underlines that the Action Plan on the European Pillar of Social Rights should be based on concreteness and tangibility, with actions that are measurable and accompanied by monitoring frameworks jointly agreed among relevant stakeholders and encompassing the social, environmental, and economic criteria. The EESC acknowledges the diversity and the common basis of social models across the EU. Competitiveness and higher productivity based on skills and knowledge are a sound recipe for maintaining the well-being of European societies. The EESC further believes that greater efforts can be made at EU and Member State level in the area of combating poverty, in line with the first Sustainable Development Goal under the UN 2030 Agenda.

Against a background of rising poverty levels during the crisis, levels that remain high in many Member States, in particular among the unemployed, this own-initiative opinion would address the huge differences in levels of protection under national unemployment insurance systems within the EU.
Possible standards in this respect could be:

• a minimum standard for the net replacement rate of unemployment benefits;
• a minimum standard of coverage ratio of unemployed people receiving unemployment payments;
• a minimum standard for the duration of unemployment benefit entitlement;
• a right to (re)qualification and training

With the objective of promoting upward social convergence within the EU, the proposal for such standards is a concrete step towards effective implementation of the European Pillar of Social Rights recently announced by the EU institutions in Gothenburg.

Delivering on balanced economic growth and social progress should be the guiding principle for the debate on the social dimension of Europe. A clear road map for the implementation of European Pillar of Social Rights is advisable with clear assignment of tasks coupled with accountability. The social dimension debate is connected to the debate on deepening the EMU. Social policy has to be embedded in a different EU economic policy. A strong EU can shape globalisation and digitalisation to the benefit of all.

The EESC adopted this opinion after in-depth work carried out during the four meetings of the study group. The opinion also reflects the national debates with civil society organisations carried out in all Member States between 2 September and 2 November 2016. These discussions were coordinated by three members of the EESC ('trios') from the country concerned, often in cooperation with the European Commission (15 debates) or the national economic and social council (7 debates). Participants came from a wide range of employers' and trade union organisations and other civil society organisations, as well as, to a lesser extent, from the academic world. A total of 116 EESC members and nearly 1,800 representatives of civil society organisations participated in the 28 debates. The conclusions/recommendations of the national debates have been grouped in the opinion, while the reports on the national debates will be published separately.