5. Vulnerable Workers: A European Community Solution?
| Published date | 01 May 1987 |
| DOI | https://doi.org/10.1108/eb055107 |
| Pages | 41-48 |
| Date | 01 May 1987 |
| Author | Erika Szyszczak |
| Subject Matter | HR & organizational behaviour |
5. Vulnerable Workers: A
European Community
Solution?
by Erika Szyszczak
Introduction
It is perhaps surprising that in recent years the most persuasive and optimistic response
to the problems encountered by vulnerable workers has emanated from the European
Community (EC). The 1970s saw a growing involvement of the EC in social policy
and labour law: in particular, there have been a significant number of proposed
measures emerging from the EC Commission. Many of these measures could have
a far-reaching potential, particularly for vulnerable workers in the United Kingdom.
However, in recent years, progress at the EC level has been slow and has now reached
almost a complete standstill, largely due to the opposition of the governments of
the member states led by the British Government. As a consequence, the EC
programme has become beset by legal, institutional and political wrangles as to how
far the EC can and should intervene in national labour markets.
While there are various measures in EC law which can be viewed as being of benefit
to the forms of vulnerability identified in the other sections of this special edition,
I propose to concentrate here on two particular areas: the provisions relating to the
equality of treatment programme and the measures designed to introduce "flexibility"
into the labour market. Although not concerned exclusively with gender issues of
vulnerability in the labour market, the impact of these measures is likely to focus
predominantly on the different forms of vulnerability faced by women in the European
Community. These two areas reveal the potential scope of EC law when the political
climate is favourable to interventionist policies, but also serve to contrast the approach
taken by the EC in the 70s and the 80s.
Background
The Treaty of Rome (1957) has few provisions relating to labour law or social policy.
The guarantee of improving the living and working conditions within the Common
Market, outlined in Article 2 of the Treaty, was seen as an automatic by-product of
the establishment of an integrated market for goods, services, labour and capital.
Only two areas received special attention. The first was the creation of a new form
of labour market regulation by the provisions guaranteeing the free movement of
workers within Articles 48-51 of the Treaty. This task was achieved ahead of schedule
and now a sophisticated system of rights in immigration and social security matters
has been implemented by various secondary measures[1].
As well as basic immigration rights, these measures have been extended to aspects
of social policy in order to cover general welfare, housing and education problems
that migrant workers might encounter[2]. Through its success, however, the system
of free movement of labour has accentuated the problems of immigrant workers from
non-EC states whose regulation is still subject to national immigration procedures.
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