The Space for Regulation Beyond Borders? The Role of the EU in Regulating Zero Hours Work

Abstract

This chapter explores how challenges related to zero hours contracts are addressed at the European Union (EU) institutional level. It considers whether in the current context of EU social and economic policy, there are sufficient legal grounds and favourable policy climate for sound regulation addressing this type of work. The chapter first describes the EU competence in the areas of work and employment conditions, in order to define the scope for EU actions. Against this background, it then evaluates the current direction and agenda of EU employment policy to identify what actually has been done. The analysis includes the European Pillar of Social Rights proclaimed in 2017. The chapter then explores in more detail the proposals and negotiations around the revision of two EU directives most pertinent to zero hours contracts: on working time and on working conditions. This serves to present the views of the European social partners on the issues of regulating non-standard employment, the most recent proposals about zero hours contracts, and to show how difficult it has been to achieve any compromise. Overall, efforts by the EU institutions to improve working conditions for workers on zero hours contracts are perceptible and a welcome step but the precedence given to flexibility in the EU employment policy and the tendency to under-enforce social rights call into question their ability to produce intended results.