Mutual Information System on Social Protection (MISSOC) Malta, May Slavina Spasova, Denis Bouget, Dalila Ghailani and Bart Vanhercke

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Mutual Information System on Social Protection (MISSOC) Malta, 10-13 May 2017 ESPN Synthesis Report Access to social protection for people working on non-standard contracts and as self-employed in Europe. A study of national policies Slavina Spasova, Denis Bouget, Dalila Ghailani and Bart Vanhercke

I. Non-standard work (NSW) and selfemployment (SE) in national economies and labour markets Narrative; date and definitional (issues) What social protection for these workers? II. Statutory access to social protection for NSW and SE Outline of the talk III. Effective access to social protection provisions for NSW and SE Increasing awareness IV.Reform trends and policy debates

Two tendencies: Growing number of people in NSW and new forms of SE (data issues); and Many more transitions between labour market statuses (and combinations) E.g. transitions between standard and nonstandard employment E.g. combining salaried employment and selfemployment I. NSW and SE in national economies and labour markets

Challenges for social protection systems in (legally & de facto) covering social risks: Growing gaps in both statutory access to social protection schemes & effective access to benefits (building up of entitlements) NSW usually have the same statutory access to social protection as standard workers. SE may have no access to some contributory-based schemes. Both NSW and the SE encounter serious difficulties in fulfilling the eligibility conditions for earnings-related benefits What kind of access to SP for these workers? I. NSW and SE in national economies and labour markets

Numerical incidence of NSW in national labour markets Figure 1: Share of temporary and part-time workers in total employment, by countries*, Eurostat 2015, %

Numerical incidence of NSW in national labour markets Part-time employment: steady increase in EU-28 workforce (15 64 age group): from 17.5% (2007) to 19.6% (2015) Largest share of part-time: the Netherlands (50%) followed by Austria, Germany, Belgium, the United Kingdom, Sweden, Ireland and Denmark. Lowest share in Bulgaria, Czech Republic, Hungary, Slovakia (ca 5%). A strong gender bias: 32.1% of women against 8.9% for men Labour Market cultures :Central and Eastern Europe: temporary and part-time employment not widespread & provide insufficient incomes. May be perceived as involuntary unemployment (e.g. BG)

Numerical incidence of NSW in national labour markets Temporary employment: 11,9% of the EU-28 workforce in 2015 (15 64 age group). Temporary employment increased in most countries but declined in BG, DK, DE, ES, FI, LT, LV, RO, SI. From highest proportions in Poland (22.2%) and Spain (20.9%), Portugal (18.7%) to the lowest in Lithuania (1,8%) and in Romania(1.0% ).

Numerical incidence of SE in national labour markets Figure 2: Self-employed as a percentage of total employment in 2015 (age 15-64), Eurostat 2015, %

Numerical incidence of SE in national labour markets The share of the self-employed has remained relatively stable over the period 2007 and 2015 (but a decline trend since 2009). About 15% of total employment in 2015 (EU-28) o But it has grown importantly in LU, NL, UK, SI, BE, FR, CZ and declined in BG, ES, DK, CY, HR, IE, IT, LT, RO, PT. Southern and Eastern European countries have the highest percentage of self-employed people Greece topping the charts (30%) Nordic countries have the lowest share in the 7.8% in Denmark and 8.9% in Sweden, and Luxembourg, Estonia, Germany (below 10%)

Numerical incidence of SE in national labour markets EU-level data show that self-employed people in Europe are often male. In 2015, the self-employment rate for women in the EU28 was 9.9%, well below the rate for men (17.8%). o Self-employment rates for women were highest in Greece (22.5%), Italy (15.9%) and Poland (13.1%) and lowest in Denmark (4.8%), Sweden (5.4%) and Estonia (6.4%).

Numerical incidence of SE in national labour markets At EU-28 level, the self-employed were mainly concentrated in certain sectors agriculture, forestry and fishing (15.3%), wholesale and retail trade (15.9%), construction (12.8%) and professional, scientific and technical activities (11.7%). Age profile: in 2015, the self-employed accounted for just 4.2% of the 15-24 age group in the EU as a whole, 18.5% (50-64 age group) and as many as 47% of those aged 65 and above.

New forms of employment: data and definitions Employee sharing, job sharing, interim management, casual work, ICT-based mobile work; voucher-based work; portfolio work; crowd employment; collaborative employment. A glaring lack of data but Eurofound, forthcoming Country-specific categories marginal freelance contract workers (AT); flexi-job workers (BE), workers under an agreement to perform work and to complete a job (CZ); mini-jobbers (DE); Civil law contracts (EE, PL).

New forms of self- employement: data and definitions Dependent self-employed : defined as those selfemployed workers whose economic activity is developed predominantly for a single client Better access to social protection than other categories of self-employed in some countries (e.g. AT, DE, ES, IT, PT, SI) Bogus self-employment : an employer wrongfully treats a worker as an independent contractor and hides their true status as a wage employee.

NSW and SE: higher risk of poverty than standard workers The relative poverty risk of the SE - as compared to salaried workers in the EU28 - was an alarming three times higher than that of salaried workers, with the exception of Hungary (2015). Everywhere in Europe, poverty risk rates for NSW in 2015 were higher than those for workers with a permanent and full time job. EU28: around 15% of temporary and part-time workers are income poor against (ca 5% for standard workers). High poverty rates of part-timers in RO, BG, EL. Raises key questions with regard to SP of NSW and SE (statutory versus effective)

II. Statutory access to social protection for NSW and SE Non-Standard workers Same statutory access to social protection as standard workers BUT: no or only partial access to some contributory schemes for certain categories of employment (no statutory access at all, hourly and/or earnings thresholds): Casual and seasonal workers (e.g. BG, HU, MK, RO, RS), temporary agency workers (e.g. NL, UK) and on-call and zero-hour workers (e.g. NL, MK). Country-specific categories of employment: civil law contracts for a specific task (PL), agreements to perform work/a job (CZ), and mini-jobbers (DE).

Summary table on Statutory access to Social protection for NSW

II. Statutory access to social protection for NSW and SE Self-employed A more complex reality to seize: wide variation between countries and within a country according to the benefit schemes and the categories of the selfemployed: Historical categories (e.g. liberal professions, farmers) and newly created statuses ( autoentrepreneur in France, new self-employed in Austria, dependent self-employed (e.g. ES, IT, PT).

II. Statutory access to social protection for NSW and SE Self-employed Most often no statutory access or only voluntary opt-in to contributory schemes: - Sickness benefits The self-employed are not compulsorily covered by sickness insurance in 10 countries (BG, CH, CZ, EL, IE, IT, LI, NL, PL, RO). In some of these countries, they can opt in to state insurance (e. g. BG, CZ, NL, PL, RO). In other countries, they can qualify only for means-tested benefits (e.g. IE).

Self-employed - Unemployment benefits No access in 15 countries (BE, BG, CH, CY, DE, FR, IT, LI, LT, LV, MK, MT, NO, NL, TR). Possibility to join on voluntarily basis in 4 countries (AT, DK, ES, RO).Access only to means-tested (EE, IE, UK). - Accidents at work and occupational injury benefits. Not compulsorily insured in 15 countries (BE, BG, CY, DE, DK, ES, FR, IE, LI, LT, LV, NL, NO, RO, UK). Voluntarily opt- in to the public insurance scheme (e.g. DE, ES, RO). In the Netherlands, only the dependent seld-employed are covered mandatorily.

Summary table on Statutory access to Social protection for SE Country Healthcare Family benefits Long-term care Social assistance Survivors pensions Old-age Invalidity Maternity/paternity cash benefits and benefits in kind Sickness benefits Accidents at work and occupational injuries benefits Unemployment benefits HU Full Full Full Full Full Full Full Full Full Full Full LU Full Full Full Full Full Full Full Full Full Full Full IS Full Full Full Full Full Full Full Full Full Full Full RS Full Full Full Full Full Full Full Full Full Full Full HR Full Full Full Full Full Full Partial Full Full Full Full SI Full Full Full Full Full Full Full Full Partial Full Full FI Full Full Full Full Full Full Full Full Full Full Partial SE Full Full Full Full Full Full Full Full Full Full Partial EE Full Full Full Partial Full Full Full Partial Full Partial Partial AT Full Full Full Full Full Full Full Full Full Full Voluntary opt-in DK Full Full Full Full N/A Full Full Full Full Voluntary opt-in Partial PT Full Partial Partial Full Full Full Full Full Partial Voluntary opt-in Full CZ Full Full Full Full Full Full Full Voluntary opt-in Voluntary opt-in Full Full PL Full Full Full Full Full Full Full Voluntary opt-in Voluntary opt-in Full Partial ES Full Full Full Full Full Partial Full Full Full Voluntary opt-in Voluntary opt-in RO Full Full Full Full Partial Partial Partial Partial Voluntary opt-in Voluntary opt-in Voluntary opt-in MK Full Full Full Full Full Full Full Full Full Full None MT Full Full Full Full Full Full Full Full Full Full None SK Full Full Full Full Full Full Full Full Full None Full EL Full Full Full Full Full Full Full Partial None Partial Partial UK Full Full Full Full/Partial Partial Partial Partial Partial Partial None Partial DE Full Full Full Full Partial Partial Partial Partial Partial Voluntary opt-in None NL Full Full Full Full Full Partial Voluntary opt-in Partial Voluntary opt-in Voluntary opt-in None BE Full Full Full Full Full Full Full Full Full None None CY Full Full Full Full Full Full Full Full Full None None LT Full Full Full Full Full Full Full Full Full None None LV Full Full Full Full Full Full Full Full Full None None NO Full Full Full Full Full Full Full Full Partial None None FR Full Full Full Full Full Full Full Partial Partial None None TR Full Full Partial None Full Full Full Full Partial Full None IE Full Full Full Full Full Full None Full Partial None Partial IT Full Partial Partial Full Full Full Partial Full None Full None BG Full Full Full Full Full Full Full Full Voluntary opt-in None None LI Full Full Full Full Full Full Full Voluntary opt-in Full None None CH Full Full Full Partial Partial Partial Partial Full None None None

Statutory access to insurancebased schemes for SE: clustering Cluster 1 ( Full to High access ): In six European countries, the self-employed are required to be insured under all the insurance-based schemes discussed in this report (HR, HU, IS, LU, RS, SI) Cluster 2 ( High to Medium access ): In eight countries, the selfemployed are not required to be insured under one or more insurance-based schemes, while salaried employees must be insured under all of them. However, the self-employed in these countries have the possibility to voluntarily opt into the scheme(s) concerned (AT, CZ, DK, ES, FI, PL, RO, SE).

Statutory access to insurance-based schemes for SE: clustering Cluster 3 ( Low to No access ): In no less than 14 countries the self-employed cannot opt into one or more insurancebased schemes, while salaried employees are mandatorily covered by the scheme(s) concerned (BE, CH, CY, EL, FR, IT, LI, LT, LV, MK, MT, NO, SK, TR). Cluster 4 ( Patchwork of Medium to Low access ): In seven countries (BG, DE, EE, IE, NL, PT, UK) the self-employed are not required to be insured under one or more insurancebased schemes while employees are mandatorily insured. The former have the possibility to opt into some schemes, but are completely excluded from others.

III. Effective access to social protection for NSW and SE Non-standard workers Two key issues - Contribution period thresholds - Working hours thresholds Temporary contracts - May not have access or have inadequate entitlement accruals because of insufficient contribution period thresholds or may receive benefits for shorter periods (e.g. unemployment benefits, sickness benefits)

III. Effective access to social protection for NSW and SE Non-standard workers (continued) Part-time contracts - Issues in meeting a certain hourly threshold and/or minimum wage threshold. The issue of marginal parttimers (e.g. AT, DE) - A gender bias for NSEs : Women encounter more difficulties in meeting the eligibility conditions because of interrupted contributory periods and less hours worked

Non-standard workers (continued) Sickness benefits (e.g. BE) Old-age pensions (e.g. BG, IT, RO) Unemployment benefits (e.g. DE, EE, ES, FI, HU): Estonia: 36% of newly registered unemployed people receive neither unemployment benefits (insurance-based) nor unemployment allowances (means-tested), partially due to the lack of the required employment record for mainly non-standard workers. Hungary : 49% of all jobseekers were not receiving any benefit in 2016 because of the very strict eligibility conditions and the short period of benefit entitlement (max 90 days). III. Effective access to social protection for NSW and SE

III. Effective access to social protection for NSW and SE Self-employed Eligibility conditions tailored to salaried employment (e.g. contributory periods, cessation of activity requirements, etc.) The way the income assessment base is determined Income paid on long previous periods of earnings, upfront payments (advance social security payments), payments of arrears Under- or non-reporting of income Transferability of entitlements between schemes Administrative burden A general low level of benefits= disincentive to contribute (e.g. HU)

III. Effective access to social protection for NSW and SE Self-employed (continued) - Romania: self-employed make up 17.6% of employed people (26.6% when including family workers), but 90% of them are not covered for old-age benefits, invalidity, sickness or maternity benefits because of under-insurance. - Latvia: contributions paid only on amount slightly above the minimum possible contribution base: 85%-90% of self-employed pay contributions based only on a minimum monthly wage. - Spain: the average monthly base of self-employed is approximately 36% lower than that of salaried workers. 86.1% of self-employed are insured at minimum contribution base.

IV. Reforms and policy debates Three main ways of extending protection to nonstandard workers: Integrating categories of NSW that were previously legally excluded or only partially covered by a social security scheme, into the general social security system Tailoring eligibility conditions to the situation of non-standard workers Re-defining the number of temporary jobs by transforming them more quickly into permanent employment

IV. Reforms and policy debates Two main types of reforms re extending social security for the self-employed: Parametric reforms consisting in changes in some parameters/ mechanisms of a scheme (e.g. calculation base of a benefit, contribution rates and income assessment base, eligibility conditions) Paradigmatic reforms aimed at an extensive integration of self-employment into social security (e.g. granting statutory access to benefit schemes, all-encompassing harmonisation of the status of the self-employed (e.g. BE, EL, LI), creation of new social benefit schemes in favour of the self-employed)

IV. Reforms and policy debates SE: extension of social protection through parametric and paradigmatic reforms

IV. Reforms and policy debates SE: extension of social protection through parametric and paradigmatic reforms: the movers Table 6: Reforms on extension of the statutory access to insurancebased schemes for the self-employed Full to High access High to Medium access Low to No access Patchwork of Medium to Low access Extension of social protection Parametric reforms Paradigmatic reforms HR, HU, IS, LU, RS, SI HU AT, CZ, DK, ES, FI, PL, RO, SE DK, ES, RO, SI AT, ES, FI, BE, CH, CY, EL, FR, IT, LI, LT, LV, MK, MT, NO, SK, TR NO BE, CH, EL, FR, LT, LV, NO, TR BG, DE, EE, IE, NL, PT, UK EE, NL, PT, IE, PT, UK

Read more Spasova S., Bouget D., Ghailani, D. and Vanhercke B. (2017). Access to social protection for people working on non-standard contracts and as self-employed in Europe. A study of national policies. European Social Policy Network (ESPN), Brussels: European Commission, Download the Synthesis Report The present Synthesis Report is based on national contributions prepared by the 35 ESPN Country Teams. Download the Thematic reports (available soon)

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ESPN The European Social Policy Network (ESPN) was established in 2014 to provide the European Commission with independent information, analysis and expertise on social policies in 35 European countries. It is managed by LISER (Luxembourg Institute of Socio-Economic Research), Applica and the OSE (European Social Observatory). More information on the ESPN on the COM website. Also check out the regular ESPN Flash reports on significant social policy developments in Europe.