Abstract
The Covid-19 pandemic has had major socio-economic consequences, particularly for critical workers such as healthcare workers, seasonal workers and platform workers in their social rights enjoyment. This article analyses how EU law could protect social rights in times of Covid-19, with a specific focus on the possibilities and limits of the EU Charter in times of crisis for these certain categories of EU workers. The potential of EU legal instruments to protect vulnerable workers’ social rights is limited both by the limited legislative competences in the social policy field and the limited scope of application of the EU Charter. Furthermore, social rights enshrined in the Charter are often formulated as principles, which means they cannot be invoked directly in court, but need to be elaborated in legislation. Nevertheless, the EU could further strengthen the potential of social rights in the EU legal order through harmonisation of social standards in two ways. First, by harmonisation of social rights using the legal bases in the Treaty. Secondly, by implementing the European Pillar of Social Rights effectively and by improving application of the EU Charter at national level, both by clarifying and broadening horizontal direct effect as by increasing application of the EU Charter by national policymakers and the judiciary and raising awareness.
Highlights
As a result of the outbreak and rapid spread of Covid-19 the EU faced a crisis
The Corona pandemic and measures adopted by the EU Member States to contain the spread of Covid-19, including border restrictions and lockdowns, have had unprecedented consequences for the economy and labour market.[1]
In this article we looked at the role of the EU in protecting social rights in times of Covid-19, and at thepossibilities of the EU Charter in times of crisis for certain categories of EU workers
Summary
As a result of the outbreak and rapid spread of Covid-19 the EU faced a crisis. The Corona pandemic and measures adopted by the EU Member States to contain the spread of Covid-19, including border restrictions and lockdowns, have had unprecedented consequences for the economy and labour market.[1]. Fundamental Social Rights Protection and Covid-19 in the EU whose life circumstances create barriers to accessible healthcare – the most exposed.’[5] In addition, certain categories of EU workers, seasonal workers, critical workers, including those working in the health care sectors, and platform workers were hit by the Corona crisis for various reasons, ranging from loss of income, while already economically vulnerable, to overwork and exposure to the virus, as will be discussed. The announcement by the Commission that it will come up with a legislative proposal on the working conditions of platform workers in the last quarter of 2021 after the consultation of social partners is a step forward in this regard.[62]
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
