Ref. Ares(2017)6170021 - 15/12/2017
President Jean-Claude Juncker
Rue de la Loi 200
Prot N° 356 /LV
Brussels, 15 December 2017
Re: UEAPME position on the revision of the Written Statement Directive
Over the last months, the European Commission consulted the European Social Partners twice on the Written
Statement Directive 91/533/EC, in view of its possible revision. UEAPME has always been constructive and willing
to find an agreement between European Social Partners. We regret that this was not possible and ask the
Commission to take into consideration the reality of European SMEs when finalising the proposal. “Think small
first” must not only be used rhetorically, but needs to be reflected on also regarding concrete actions.
UEAPME would like to emphasise that the directive should not apply to self-employed, since they are not covered
by an employment relationship with an employer, but have a B2B relationship with their contractors. Platform
workers and others should be covered by the directive as long as this is in line with the national applicable
definition of workers.
Moreover, the revised directive should fully take into account the right balance between the employee protection
and the need for flexibility of employers, in particular small and micro-enterprises, by maintaining some exclusions
for short-term employment relationships not exceeding one month.
We support the need to adapt the directive to the evolution of the labour market, but the revision should not
change the nature and objectives of the directive by creating a list of new rights. Predictability of work is important
for both, employers and workers, and could be integrated in the information package without creating a right. This
is also valid for the request of another form of employment and the requirement for the employer to reply in writing
with a justification of refusal of such a request.
Lastly, the impact of the new information requirements should be carefully assessed in order to avoid a high
amount of new obligations, administrative burdens and costs for small and micro-enterprises.
We are confident that the new proposal will fully respect the ‘Think Small First’ principle and not discourage SMEs
to hire extra employees, highly needed to ensure fair growth and jobs in Europe.
Cc: Vice-President Dombrovskis, Commissioner Thyssen
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