EU protecting social rights Flashcards
EU protecting social rights
• Social Chapter
The Social Chapter of the Maastricht Treaty was the first major policy document dealing with this area, and was seen as a major step forward for the rights of workers
EU protecting social rights
• EU institutions
The European Parliament and Council of Ministers cover policy areas, such as consumer protection and equal opportunities, and the ECJ gives individuals and organisations a body to appeal to.
The situation for women’s rights and the EU
The EU had been influential in guaranteeing women’s rights in the workplace but they would not be in jeopardy if the UK left the EU.
ECJ ruling that protects women’s rights
The right of part-time workers to join occupational pension schemes was determined by rulings of the European Court of Justice, which found that excluding them constituted indirect sec discrimination.
Paid holiday in the UK
Workers in the UK are entitled to five weeks and three days of paid holiday a year.
Paid holiday under the WTR 1998
The Working Time Regulations of 1998 guarantee four weeks of paid leave as a European minimum.
Leaving the EU does not harm social rights
• paid holidays
Such employment right will not be affected because the UK had legislation on paid holidays 35 years before joining the EU.
The UK has gone further than the EU in guaranteeing workers’ right
• Maternity leave
The 52 weeks of statutory maternity leave in the UK is considerably longer than the 14 weeks guaranteed by EU law. Of this, a period of 40 weeks is available for shared parental leave.
What requirements are in the Working Time Directive?
can’t work more than 48hrs and 11 hrs rest a day
Improvement brought about by WTD
There was not a law on ‘time off’ before the WTD
Difficulties arising from WTD
On call system becomes difficult under the WTD
WTD reforms in 2009
From August 2009, hospitals face heavy fines if they allow any health care staff, including surgeons, to work more than 48hrs a week, despite warnings from hospitals that they are
WTD reforms in 2009
From August 2009, hospitals face heavy fines if they allow any health care staff, including surgeons, to work more than 48hrs a week, despite warnings from hospitals that they are not able to change
Positive of WTD
• Reasonable
it is a reasonable provisions because if people work without breaks, their health and productivity suffer
