Directive on self-employed workers and their partners - NCW calls for introduction of necessary measures
by Francesca Vella
Article published on 20 May 2012
The National Council of Women (NCW) has called for the introduction of the necessary measures to ensure the implementation of the EU directive on self-employed workers and assisting spouses who will enjoy better social protection, including the right to maternity leave for the first time.
The directive on self-employed workers and their partners (Directive 2010/41/EU) repeals and replaces an earlier law (Directive 86/613/EEC) and improves the social protection rights of millions of European women in the labour market, strengthening female entrepreneurship. At present, only about 30 per cent of women in Europe, and 18 per cent in Malta, are entrepreneurs.
Annual employment figures from the Labour Force Survey reveal a marked increase in the percentage of women in the workforce since 2003, but at just 40 per cent, Malta still ranks last in the EU in this area.
The National Council of Women, together with four other organisations (The Foundation for Women Entrepreneurs, Reach Beyond Foundation, Malta Business Bureau, and the Malta Association of Women in Business), has been working on a project aimed at promoting entrepreneurship among women since 2010.
The main objective of the Amie (Ambassadors in Malta for Increasing Women Entrepreneurs) project is to promote female entrepreneurship through the establishment of a network of women ambassadors, which is part of the European Network of Women Entrepreneurs.
The 10 Maltese ambassadors act as role models as they inspire other women to become entrepreneurs by telling their own story; their aim is to foster women’s ability to create a vision for themselves as entrepreneurs as well as the required motivation and self-confidence in setting up and creating a successful business.
The partners of the consortium intend to sustain this action once the project draws to a close at the end of November this year.
NCW vice-president Grace Attard said the NCW would like to see a bigger focus by the authorities on female entrepreneurship, as it is "the perfect road to growth".
In particular, she referred to the importance of implementing the EU directive on self-employed workers and their partners, which entered into force in August 2010. EU member states had to introduce the directive into their national laws within two years.
"What measures are being taken to ensure that the directive will be implemented?" asked Mrs Attard.
The NCW welcomed the government’s successful efforts to reach an agreement on the extension of paid maternity leave with the social partners within the Malta Council for Economic and Social Development.
By means of this agreement, which has been approved by the Employment Relationships Board, the extension of maternity leave by four weeks spread over a two-year period, will be paid by the government with a fixed amount of €160 per week. Mothers who are on maternity leave as from 2 January 2012 are entitled to these provisions.
The NCW considers this development as another important step following the publication of a legal notice regulating temping agencies, which came into force on 5 December 2011.
Employers stand to gain from this measure, as they will be able to employ trained personnel on a temporary basis when workers are on long leave (in this case mothers before and after they give birth).
The interim period necessary for a fully functioning temping agency/ies requires a number of measures to address the needs of both employers and workers.
Among other things, NCW has recommended the introduction of schemes by the Employment and Training Corporation for the provision of supply workers during maternity and paternity leave, a further increase in the number of affordable and accessible care services for children through public private partnerships and the use of structural funds, as well as the introduction of a legal provision to increase paternity leave by including a non-transferable period in paternal leave to encourage the sharing of care responsibilities between mothers and fathers.
Viviane Reding, EU Commissioner for Justice, Fundamental Rights and Citizenship and vice-president of the European Commission, had said about the directive: "With the entry into force of this new law, Europe takes an important step forward in terms of increasing social protection and providing equal economic and social rights for self-employed men and women, and their partners. The new European law ensures full equality in practice between men and women in working life, promoting female entrepreneurship and allowing self-employed women to enjoy better social security protection. I call on all member states to start implementing the Directive swiftly so that our citizens can see the benefits in their daily lives."
The directive considerably improves the protection of female self-employed workers and assisting spouses or life partners of self-employed workers, particularly also in case of maternity. They are granted a maternity allowance and leave of at least 14 weeks, should they choose to take it. At EU level, this is the first time a maternity allowance has been granted to self-employed workers.
The new rules also serve to encourage entrepreneurship in general and among women in particular.
Finally, the provision on social protection for assisting spouses and life partners (recognised as such in national law) is also a considerable improvement on the 1986 Directive. They will have the right to social security coverage (such as pensions) on an equal basis as formal self-employed workers, if the member state offers such protection to self-employed workers. This will help provide a stronger social safety net and prevent women from falling into poverty.