Assisting spouses: MEPs more flexible at second reading

Equal treatment
Assisting spouses: MEPs more flexible at second reading
By Sophie Petitjean | Tuesday 18 May 2010

Called to vote for the second time, on 18 May, on the proposal for a directive on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity, MEPs this time adopted a more moderate position during the plenary session, integrating some of the Council’s wishes. These mainly concern: leaving it up to member states to be responsible for organising the social protection of spouses or, when recognised by national law, life partners of self-employed workers, and deciding whether this protection must be implemented on a mandatory or voluntary basis. “We have had to tone things down compared to a first-reading position, which envisaged compulsory affiliation […] This text proves that we are still capable of making directives in the social domain and reducing existing distortions,” commented rapporteur Astrid Lulling (EPP, Luxembourg).

In particular, she welcomed the provisions extending the notion of spouses by integrating life partners and anticipating that self-employed women and assisting spouses may benefit from maternity leave upon request.

At the close of the vote, MEPs nevertheless demanded that maternity benefits be identical to the duration of maternity leave in force for employees at EU level (anticipated by Directive 92/85/EC). And, since this could be amended, they called on the Commission to draw up, if necessary, a report evaluating whether it would be appropriate to do the same for the duration of the allowance. They also requested that the bodies responsible for the application of equal treatment be different to those responsible for human rights.

Lulling’s position had already received the full support of the political groups during the debate organised the day before the vote, bar one exception. The Conservatives were indeed more moderate: “Of course, we support the text in principle, which Lulling has strived to improve,” said Marina Yannakoudakis (ECR, UK). “But given the unemployment figures, shouldn’t we support those who want to set up on their own, without imposing additional contributions upon them,” she asked, criticising the additional social charges, which will henceforth apply to a plumber receiving assistance from his wife in answering the telephone. Her amendment was nevertheless rejected, allowing the legislative process to take its course. The Council must now give its approval.
SME SUPPORT

The European Association of Craft, Small and Medium-Sized Enterprises (UEAPME) immediately welcomed this vote, describing the amended proposal as “highly appropriate in a difficult economic climate for enterprises and the creation of jobs”. According to UEAPME, this vote is an important step for female entrepreneurship, which currently stands at 30% in Europe, in particular thanks to the provisions on social security, maternity leave and, lastly, a multisectoral approach. MEPs in fact rejected the Council’s position, limiting the directive to the agricultural profession.
“This text proves that we are still capable of making directives in the social domain and reducing existing distortions” - Astrid Lulling

Background

Introduced in October 2008, the Commission’s proposal aims to amend the Community legal framework relating to the application of the principle of equal treatment between men and women to self-employed workers and their spouses. It introduces amendments to Directive 86/613 currently in force, in particular by broadening the notion of spouses, granting them the same level of social protection as self-employed workers and anticipating that self-employed women may benefit from maternity leave.