05/02/2007. The European Union has issued a green paper setting out proposals for a general review of current European employment law with a view to “achieving sustainable growth with more and better jobs”. The review introduces a new concept of “flexicurity” which combines “greater flexibility with the need to maximise security for all”.

Beyond the invention of new words, this review puts back on the agenda the continuing question of the different rights enjoyed by those on permanent contracts of employment and the increasing number of individuals engaged under different arrangements, such as self-employment or working through an employment agency. This has long been a preoccupation of policy-makers, concerned that these alternative arrangements are being abused by businesses who want workers but without the formality and rights associated with employees. The review calls the abuse of such arrangements “disguised employment”, and suggests that there may be a need for a “floor” of minimum rights for all workers, regardless of the form their work takes. The review also looks set to revisit some of the controversial areas of the Working Time Directive.

The green paper contains a useful review of the current social and political background to employment law across Europe, as well as inviting responses from employers to a number of questions about the future of employment law in Europe. A copy of the green paper can be obtained by emailing elg@boyesturner.com. The deadline for responses is the end of March 2007. Any legal changes resulting from this review are unlikely to take effect for some years yet.

Laurie Anstis
Associate, Employment Group
Boyes Turner, UK