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European Social Chapter

Answer

In 1991, in what was then the Social Chapter, the EU provided for member states to reach agreement on certain aspects of social policy. The UK exercised its right to ‘opt out’ from the Social Chapter. In 1997 the UK Government decided it no longer wished to ‘opt-out’ of provisions in the Social Chapter. As a result the contents of the Social Chapter were incorporated into the Amsterdam treaty, coming into force in May 1999. The Statutory Instruments introduced by the DTI, implementing the four Social Chapter measures already agreed by the other member states prior to the UK ending its ‘opt-out’, are as follows:"Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001 (implementing Directive 98/52 which extended to the UK Directive 97/80 on the burden of proof in cases of discrimination based on sex). These provide that once a prima facie case of sex discrimination has been made in an employment tribunal claim, the burden of proof is placed on the defendant (usually the employer) who will need to demonstrate that sex discrimination has not occurred;""The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (implementing Directive 98/23 which extended to the UK Directive 97/81 on the framework agreement on part-time work). These provide for entitlement of part-time workers to the same pro-rata terms and conditions of employment as full-time workers;""The Maternity and Parental Leave etc. Regulations 1999 (implementing Directive 97/75 which extended to the UK Directive 96/34 on the framework agreement on parental leave). These provide for parents to have the right to 13 weeks unpaid leave for the purposes of caring for a child. The leave must be taken by the child's fifth birthday, or within 5 years of the child's placement for adoption;""The Transnational Information and Consultation of Employees Regulations 1999 (implementing Directive 97/74 which extended to the UK Directive 94/45 on the establishment of European Works Council). These require companies with at least 1,000 employees in total across the member states and at least 150 workers in each of two or more of those member states, to establish structures for consulting workers on issues that affect them."Since the Treaty of Amsterdam came into force in 1999, further Directives and Regulations have been adopted under Articles 136-139 of Title XI of the EC Treaty, i.e. the ““Social Provisions”” Chapter.

Secondary information

Type

Written question

Reference

69632; 446 c855W;446 c854-5W

Session

2005-06

Subjects

Social chapter

Link

View this Written question on www.publications.parliament.uk