EMPLOYMENT AND SOCIAL RIGHTS IN THE EUROPEAN UNION WITH SPECIAL REFERENCE TO THE RIGHTS OF WORKERS FROM THE THIRD COUNTRIES

Abstract

The author firstly presents all the components of the European Union social policy as conceived in its documents: Treaty on Establishment of the European Economic Community signed in Rome 1957, Single European Act from 1985, Community Charter of the Fundamental Social Rights of Workers, (so called Social Charter) from 1989, Treaty on the European Union (Maastricht Treaty) 1992, White Paper: European Social Policy, 1994, Medium-Term Social Action Programme 1995-97, and, finally, new, revised Treaty on the European Union (Amsterdam Treaty) signed in 1997. The author studies the following aspects of the EU social policy: freedom of movement of labor force, employment and remuneration, equal treatment for women and men, vocational training, the improvement of living and working conditions, health protection and safety at work, social protection, freedom of association and collective bargaining, and information, consultation and participation of workers. It is pointed to the mechanisms EU applies in coordination and possible harmonization of some aspects of the social policy at the national or Union level. A separate part of the article is devoted to the necessary changes Central and Eastern European countries, including Yugoslavia, should make in the sphere of social policy in the preparation for their possible integration into EU. The author points to the fact that most of these countries should primarily bridge the wide gap that sets them apart from the EU countries in the sphere of social standards due to the adverse negative effects resulting from the process of the so-called transition. As designed in White Paper on the Preparation of the Associated Countries of Central and Eastern Europe for Integration into the Internal Market of the Union, published in 1995, these countries must also adjust their legislation to communitarian regulation in the following fields: social insurance systems, health and safety at work, labor law and working conditions, and equal opportunity for women and men. All that has been said here with regard to the countries of Central and Eastern Europe equally relates to FR Yugoslavia. It may be said that in some domains of social policy our country is formally closed to EU standards. Because of present status of our country as "European invalid", the differences between formal declarations and reality, however, are so deep in many aspects - massive impoverishment of most of the population, poor standard of social insurance and health protection, the insecure labor status of the employees, mass unemployment... If FR Yugoslavia in its long term strategy decided to be closer to Europe, to institutionalize its relations with EU, and, perhaps, in a future, to become member of this European association, it is necessary not only to know conditions, standards and rules of the EU, but also to start adaptation and harmonization of Yugoslav legislation to the EU regulations. It seems that Yugoslav government took the first such a step by adopting, in May 1996, a project of harmonization of our legal system to the one existing in EU. Despite the fact that our country is not at the top of the list of potential candidates for association and accession to EU membership, it is essential for FRY, should she aspire to realize this in the foreseeable future, to fully implement all the relevant changes and adaptations in accordance with the requirements and standards of the EU in the sphere of Social Policy, concludes the author.