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In addition, the ‘pandemic’ leave for parents is more restrictive, as it is restricted to employees. Parental leave is thus more generous than ‘pandemic’ leave in scope, level and duration. Parental leave is granted to all those with a minimum of 12 months of work history, irrespective of the type of employment, as long as the income is declared, and social contributions to the public pension system and to the health care insurance 12. Adopted by Law no.
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Adopted by Law no. 19/2020 and amended by GEO 147/2020 (August 2020), GEO 182/2020 (October 2020) and GEO 198/2020 (November 2020), GEO 220/2020 (December 2020, art. III). 13. For these workers, the leave will be granted, as a priority, to the other parent, unless he/ she is a single parent or both parents work in the same industry.
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In this latter situation, individual arrangements are reached with the parents (for example, medical staff are granted an additional wage benefit, for alternative arrangements). 14. Based on an agreement with the employee regarding all available options. While the employee, in principle, is entitled to paid days of leave, the employers can provide alternative solutions to accommodate both work requirements and parental responsibilities. 15.
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15. A fund constituted from the work insurance contributions paid by employers (Law no. 200/2006). 96 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Luana M. Pop system have been paid. In addition, parental leave is granted for up to 2 years and has a higher replacement rate, i.e. 85% of the average gross income over the last 12 months of work.
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In Romania, parental leave, although conditional upon paid (taxable) work income, is considered a social assistance benefit, and supported from the State budget. 2. Potential effect of these measures on non-standard workers and the self- employed Eligibility conditions, for all social benefits under scrutiny, are the same for all types of employees, in standard and non‑standard work forms (temporary and permanent contracts, full‑time and part‑time contracts).
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However, the minimum work history requirements, for both sickness and unemployment benefits, put workers on temporary contracts at a disadvantage. Until 2020, low‑income, part‑time workers were also disadvantaged due to the requirements regarding minimum insurable income, set at the level of the minimum gross salary. Since 2020, this has been corrected, and the social contributions strictly reflect the employee’s income.
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Yet the number of non‑standard employees is not high; the proportion of temporary work contracts was, in 2020, 15 times lower than the EU average (1% compared to 15%, according to the labour force survey16); similarly, the proportion of part-time work contracts was, in 2020, 6% of all work contracts, compared to 18% at the EU level.17 The situation is a little different for the self-employed.
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While overall eligibility conditions for social benefits are the same, a few elements of the legal design of both unemployment and sickness social insurance significantly impact access of the self-employed to these benefits: (a) the voluntary nature of these insurance components; (b) the voluntary nature of the pension insurance for low‑income self‑employed, a pre‑requisite for further access to unemployment and sickness benefits; (c) the minimum annual insurable income (for all social insurance components), set at 12 minimum gross salaries (d) the self‑employed are required to pay the same levels of social contributions as employees, and (e) the self‑ employed have to pay additional social contributions (such as unemployment and sickness insurance contributions), which, for employees, are borne by employers.
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The hardest hit are low-income self-employed, as for them the fiscal burden is too high. Of the around 2 million paid and unpaid workers who are not classified as employees (i.e., about one quarter of all those in work), only about 10% are ‘visible’ 16. Eurostat, Labour Force Survey, lfsa_esegt, accessed June 15, 2021. 17. Eurostat, Labour Force Survey, lfsa_epgais, accessed June 15, 2021.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 97 Country chapter Romania in the social insurance system,18 and thus formally entitled to work-related benefits. Excluding from the employed the category of contributing family members (unpaid workers, according to the Labour Force Survey), in 2020 roughly 19% of all those who declared themselves as self‑employed were insured in the social pension insurance system.
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While no data are available regarding the proportion of those who are voluntarily insured against unemployment and sickness, our previous estimations show that over 80% of the self-employed are excluded from all work-related social benefits. Coverage with unemployment benefits is low, even for workers in standard employment.
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The proportion of registered unemployed receiving unemployment benefits has decreased over time; during 2016-2019, between 20% and 25% of all registered unemployed were receiving the benefit. Given that many unemployed who are not entitled to any benefits are not even registered with the employment offices, the incidence of unemployment benefits is even lower. In 2020, due to an increase in new unemployment, the proportion rose to 33%.
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The proportion of beneficiaries out of the total ILO unemployed population was, at the end 2019, 17%, reaching 22% at the end of 2020. Finally, of those receiving unemployment benefits in 2019, 14% were recent graduates. This proportion fell to 10% in 2020, as unemployment increased due to the Covid‑19 pandemic. During the Covid‑19 pandemic, the government adopted some temporary measures (ending June 30, 2021) which were intended to also cover non-standard workers and self‑employed.
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These measures (a) increased the duration of receipt of unemployment benefit for those who were already receiving it, thus increasing to some extent the coverage rate among the registered unemployed, (b) extended the indemnity for suspended activity (i.e.
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technical unemployment) to some categories of self‑employed and (c) extended the indemnity for short‑time work to the self-employed, thus expanding the financial support to all those self-employed insured within the pension system who were not eligible for unemployment benefits.
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Thus, according to the MLSP,19 during 2020, about 104,000 self‑employed people and other professionals benefited from the indemnity for suspended activity, i.e., 50% of all self-employed people insured through the social insurance system in December 2020.
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However, the number of insured self‑employed represented, in December 2020, only about 7% of all self-employed people identified through survey data.20 During the first three months of 2021, an additional 9,079 self- employed people and other professionals received the indemnity. 18.
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18. Calculation based on the number of insured in the public pension system who are not employees, as declared by the National Public Pension House (https://www.cnpp.ro/ indicatori‑statistici‑pilon‑i) and the number of non‑employees who are in work, estimated by the LFS (see Eurostat data). 19. Statistical bulletin on social assistance benefits, 3rd quarter 2020: http://mmuncii.ro/j33/ index.php/ro/transparenta/statistici/buletin-statistic/6197 20.
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Minus contributing family members who are not paid for their work. 98 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Luana M. Pop During December 2020, according to the National Public Pension House data, 38,32021 insured workers holding an IWC received the short-time work indem- nity, and the number increased in February 2021 to 45,204.
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A study by Eurofound (2020) estimated that the overall take-up of the benefit was between 20% and 30% of all employed. The number of beneficiaries among the self-employed and occasional workers was 33,776 over the period August-December 2020, about a third of those receiving the indemnity for suspended activity (technical unemployment) and approximately 15% of all self-employed people insured in the social insurance system at the end of 2020.
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The highest number of self‑employed people receiving the indemnity was recorded in November (26,400 persons) and the lowest in August 2020 (9,700 persons). For the first three months of 2021, the number of beneficiaries was 27,754.
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Although the number of employees receiving the benefit was, on average, higher than the number of self-employed people, the budgetary expenditure was higher for the self‑employed, indicating that the benefit was paid over a greater average number of days for self-employed people than for employees.
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During the pandemic, access to sickness benefits has been increased only for those with no or a very short work/contributory history, as the requirements for a contributory period of at least 12 months for temporary work incapacity leave (sick leave) have been lifted. This measure increased access for those who had recently entered the labour market or those on temporary individual work contracts, yet it did not increase the access of self-employed/dayworkers to sickness benefits.
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However, during the pandemic, health care services related to the prevention and treatment of Covid‑19 have been made available to all citizens, irrespective of their employment or insurance status. The proportion of workers receiving sickness benefits (for all types of medical leave, including maternity leave) was, at the end of 2019, 4.3% of full-time employees, a proportion 2.4 times higher than for part‑time employees and almost 4 times higher than among the self-employed (1.1%).
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The proportions increased, during 2020, for all categories of employed – full time employees, part‑time employees and the self-employed – reaching, in December 2020, 6.2% of full-time employees, 2.4% of part-time employees and 1.7% of the self-employed.22 Compared to the previous benefits, the temporary measure adopted to address the closure of schools and ECE facilities targeted exclusively employees (i.e.
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those employed on the basis of an individual work contract, in a work relationship with an employer). There are no data available regarding the average number of days for which employees benefited from the measure. According to the National Public Pension House,23 in September 2020 (the first month for which data have been released), the number of beneficiaries was 533; this number increased during the autumn, and peaked during November-December, reaching a maximum of 16,000 parents.
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The numbers started to decrease again 21. https://bit.ly/3EmIP44 22. Data available from the Ministry of Labour and Social Protection, Statistical Bulletin, Social Insurance, available at http://mmuncii.ro/j33/images/buletin_statistic/pensii_2020.pdf 23. https://www.cnpp.ro/indicatori-statistici-pilon-i Social protection of non-standard workers and the self-employed during the pandemic: country chapters 99 Country chapter Romania at the beginning of 2021, as schools started re‑opening.
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Overall, the number of beneficiaries is low, representing less than 1% of Romanian employees. Overall, while the proportion of employees in non-standard work (NSW) is rather low in Romania, the legal design of the systems regulating unemployment and sickness benefits imposed, until 2020, the same requirements and conditionalities for all employees, irrespective of type of work contracts. This had a negative impact on access of those in NSW to these benefits.
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The high fiscal burdens for low-income NSW favoured a grey economy, while the contributory requirements put temporary workers and dayworkers at a disadvantage.24 The amendments to the 2018 fiscal reform corrected some of these inequities embedded in the fiscal system, for example those between low‑income part‑time and full‑time employees.
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The self‑employed are clearly disadvantaged compared to employees in standard and non‑standard employment by the legal requirements and conditions attached to these schemes, and – while by law they have access to both unemployment and sickness schemes on a voluntary basis – de facto their access is limited.
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Most of the measures adopted during the Covid-19 pandemic did not enable access for those who previously had no access to various benefits, but rather consolidated the support for those who were already covered by, at least, the social pension insurance. Support to the unemployed was limited to those registered and already receiving unemployment benefit, while the long-term unemployed – registered or not – had to rely on social assistance benefits (such as the MIG, the child allowance and parental leave).
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Yet these benefits have been largely frozen (e.g. the MIG) or their updating has been postponed, and no significant social assistance or housing benefits have been put in place during the pandemic.
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Pandemic‑related measures brought about an unprecedented rise in the support for the self‑employed, by granting those who were already covered by the pension social insurance access to two important benefits: the indemnity for those with the work contracts put on hold due to temporary suspended economic activity and the short‑time work indemnity. Yet these measures were temporary, leaving unaddressed the high discrepancies in social protection between employees and the self‑employed.
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The discrepancies in social protection between these categories are reflected in the AROP and AROPE, as no effective and adequate MIG measures or other social assistance/housing programmes have been in place to address in-work poverty in Romania during the last decade. Pandemic measures prevented, at best, an explosive increase in the welfare gap among an already polarized employed population. 24. By law, day workers are defined as those who work a maximum of 120 days per year.
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100 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Luana M. Pop 3. The role of national trade unions In March 2021, the Ministry of Labour and Social Protection (MLSP) published a list of the ten most representative trade union and employers’ confederations, in accordance with the law on social dialogue (law 62/201125).
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The overall number of trade union members is not available; before the new law on social dialogue was passed, their number was estimated at 2.4 million workers, representing about 50% of the total number of contractual workers.26 Currently, three of the biggest trade unions comprising most private sector trade union members – the National Trade Union Confederation ‘Cartel Alfa’, the National Trade Union Block (BNS) and the National Confederation of Free Trade Unions in Romania, C.N.S.L.R Frăția - cover about 1.8 million workers, representing, before the pandemic (January 2020) about 36% of all employees.
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Two other important trade union confederations – the Democratic Trade Union Confederation of Romania (CSDR) and the National Confederation MERIDIAN – cover the police and public administration. Government decisions related to employment and work conditions require a tripartite dialogue (National Council for Tripartite Social Dialogue, NCTSD).
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During the pandemic, most of the measures taken – related to small and larger enterprises, the unemployed, suspension of activity, job retention, including reduced work time arrangements,27 sickness benefits – have been adopted after consultation with the NCTSD. The involvement of the trade unions in the design of the measures was limited, more or less, to their participation in the NCTSD. The power of social dialogue has declined since 2011, a fact acknowledged by many confederations (e.g.
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Cartel Alfa is actively opposing the law on social dialogue adopted in 2011), and the limited effectiveness of trade union involvement became even more obvious during the pandemic (Krokavay 2021). In many European countries, the social dialogue intensified during 2020, while in Romania social dialogue has been limited to brief formal consultations.
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In addition, collective bargaining also declined during the pandemic, as by law, all agreements prior to the lockdown/ state of alert remain in place for up to 90 days after the state of emergency, with the need to re‑initiate collective bargaining within 45 days after the end of the state of alert (Allinger and Adam 2021).
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Even though the number of consultation meetings with NCTSD increased in 2020 compared to 2019,28 the role of the social partners has been rather limited in shaping responses to the Covid‑19 crisis, in the opinion of most important confederations. A series of protests have been organized by trade union confederations during April-June 2021, to point to the risks associated with the government’s response to the Covid‑19 crisis. 25.
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25. The law on social dialogue is strongly opposed by some of the large trade union confederations, such as Cartel Alfa. 26. https://www.zf.ro/profesii/sindicatul-cea-mai-mare-teama-a-directorilor-de-hr-5089897 27. For which trade unions who had collective agreements with employers become important actors. 28.
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28. 40 meetings during 2020 organized by the Ministry of Labour and Social Protection, compared to only 17 in 2019; BNS, CSM Meridian and CSDR, CNSL Frăția had the best attendance rates among all the confederations represented in the NCSD (data available at http://dialogsocial.gov.ro/prezenta-cds/).
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 101 Country chapter Romania The issues pursued by trade unions during 2020‑2021 were mostly related to (a) the minimum wage and implementation of the European Pillar of Social Rights, (b) the ratification of 14 points of the European Social Charter still unratified by Romania (which include the right to social assistance services, social inclusion, social protection of the elderly etc.,29 (c) implementation of the legislation adopted prior to the onset of the pandemic (regarding remuneration in the public system, and especially in health care and social assistance, and the sustainability of the public pension system)30 and, finally, (d) respect of the agreed schedule for increases in several social benefits (pensions, child allowance), without which the social protection system is seriously threatened during the crisis generated by the pandemic.31 All major trade union confederations complained, over the past year, about the lack of a real social dialogue and that the government largely ignored the requests and warnings voiced by the trade unions.
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Currently, the trade unions are strongly opposing the so-called ‘austerity’ policy in relation to remuneration and social protection, as a response to the Covid‑19 crisis,32 and are calling upon the government to comply with their agreements with the EU.
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However, trade unions have been actively involved in the elaboration of the proposal for the national resilience and recovery plan (NRRP).33 BNS has drawn up several proposals concerning two major fields of social protection: fiscal measures for increasing access of low-income workers to social benefits and the public pension system.34 4.
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Future perspectives The crisis generated by the pandemic had a strong impact on future developments regarding the social protection of non-standard workers (NSW) and the self- employed.
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Despite the efforts made since 2015 to reform and fine-tune fiscal and employment‑related legislation, the welfare gap between employees in standard 29. https://www.cartel-alfa.ro/ro/comunicate-57/cns-cartel-alfa-solicita-guvernului-romaniei- sa-finalizeze-procedura-de-ratificare-a-cartei-sociale-europene-prin-acceptarea-celor-14- puncte-ramase-neratificate-125 30.
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In January 2021, Cartel Alfa published a protest letter to the Romanian government, opposing the austerity policy implemented during the pandemic, with a significant impact on both salaries and social protection. https://www.cartel-alfa.ro/uploads/87d3dfaa32ba.pdf 31. https://www.bns.ro/info-bns/610-comunicat-de-presa-bns-copiii-romaniei-condamnati- inca‑o‑data‑la‑saracie 32.
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Due to the Covid‑19 crisis, the government postponed many measures which should have taken effect during 2020-2021, including planned gradual increases in salaries in the public sector and a major increase in social benefits, such as the universal child allowance. Other measures have been entirely postponed or suspended, such as education vouchers and the minimum insertion income.
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33. https://www.caleaeuropeana.ro/dragos-pislaru-romania-laudata-de-partenerii-sociali- pentru‑consultarile‑publice‑privind‑elaborarea‑planului‑national‑de‑redresare‑si‑ rezilienta/ 34. https://www.bns.ro/info-bns/608-propuneri-de-masuri-de-reforme-si-investitii-finantate- prin‑pnrr‑sustinute‑de‑blocul‑national‑sindical 102 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Luana M. Pop work and NSW, and the self-employed, continued to grow.
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First, the pandemic made this gap visible and acute, creating public awareness regarding the ‘atypical’ work forms and the need to offer adequate and equitable social protection for these workers. Secondly, during the pandemic, the government adopted, for the first time, a series of temporary measures targeting the self‑employed, day workers and other NSW forms (suspension of activity, the reduced work-time indemnity, the subsidizing of salaries for work contracts of up to three months).
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Although the measures were temporary, the government began to shift its attention towards these categories in an unprecedented manner. For example, in June 2021, the government is expanding eligibility for a pandemic-related support benefit granted previously only to employees with suspended economic activity (due to Covid-19); the benefit will now also be available to the self-employed (with a special emphasis on those working in cultural services).
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The increased focus on different employment forms has also been triggered by the diversification of forms of self-employment over the last ten years (not least due to the fiscal burdens and arrangements before the 2018 fiscal reform), and the significant increase in the number of platform workers, reaching, in 2018, the EU average (Bechir 2019).
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While the proportion of platform workers in Romania was, in 2017, still below the EU average, the proportion of primary platform workers (working over 20 hours a week through online platforms) was, in 2017, around the EU average (i.e. 1.4%). In 2018, Romania, according to the COLLEEM survey, was the second‑most country in terms of foreign platform workers, with 1 in 11 foreign‑ born workers, of which two thirds work in the UK (Urzi Brancati et al. 2020: 27).
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2020: 27). Finally, while the number of workers in the IT sector is very high, estimated at about 64 thousand (with a higher density of IT specialists than the US or Russia, according to Roșioru 2019: 85), Romania is also amongst the top countries for the provision of non‑professional services (according to Pesole et al. 2018: 5), with an increasing number of workers in the delivery business (especially food delivery) and taxi drivers.
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Platform workers adopt a variety of employment forms, from self‑employment to bogus freelancing and paid employment mediated by a third party. Many are contracted by temporary work agencies; thus, some of them enjoy the full benefits of being an employee in NSW, while others maintain self-employed status. Changes in the tax code in 2015 addressed the problem of the dependent self‑employed; hence many dependent workers have been reclassified as employees (according to the 2017 legal amendments).
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Maybe the most visible transformation has been in the IT sector, where workers migrated from self-employment to salaried employment, due to both the changes in legislation and the facilities established by the government for this category (see also Roșioru 2019). But many of the home‑based workers, and especially those workers providing non‑professional services, are still working in an area of self-employment which does not offer even minimal protection regarding their work or social rights.
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They are invisible in the official data and not reached by trade unions (Roșioru 2019: 91). The country recommendations issued in May 2020 for Romania, in the context of the Covid‑19 pandemic, emphasized the need to develop adequate income Social protection of non-standard workers and the self-employed during the pandemic: country chapters 103 Country chapter Romania replacement solutions for the workforce affected by the crisis, to develop flexible work programmes, and to increase activation measures.
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Therefore, the national reform programme issued in June 2021 by the Romanian government points to all the measures adopted since March 2020 aimed at protecting the workforce. While the reform programme does not address the issue of self‑employment or other non‑standard employment forms, it does emphasize the need to increase the (administrative and digital) capacity of the social partners, an aspect assessed as still weak.
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As a more concrete response to the Council recommendations on accessing social protection, the government introduced, in the final form of the national recovery and resilience plan (NRRP),35 and in line with the BNS proposals, 5 important social reforms (component 13 of the plan), with a total allocated budget of 167 million Euros.
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These include implementation of the minimum inclusion income (postponed from 2016) and the introduction of work vouchers to increase the proportion of workers in the formal economy, thus with access to social benefits. The government estimated that there are about 500,000 in-home workers, working informally, with no access to social benefits.
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In addition, a pilot project has been proposed (the ‘zero-tax minimum wage’), to act as a basis for further fiscal reforms removing the fiscal burden from low-income workers.
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In line with the NRRP proposals, the government launched a draft law designed to increase formal employment of babysitters, housekeepers, gardeners, and pet sitters, by creating the legal framework for these to enter a contractual relationship with those using their services, and by introducing payment vouchers, to be exchanged by the workers for money from the fiscal institutions. The project is highly controversial, due to potential implementation difficulties.
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Conclusions While the 2015 fiscal reforms contributed to the fall in the proportion of self- employment, redefining dependent work and permitting the reclassification of various emergent employment forms, Romania still has a significant proportion of self‑employed or non‑standard workers. The legislation regarding the social protection of workers failed to address the growing variety of employment forms, favouring salaried employment over self‑employment.
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As a consequence, the gap in social protection between these two categories has increased, leading to a huge gap in welfare and the highest in‑work poverty across the EU. Access to unemployment and sickness benefits is open to all those who work in the formal economy; however, the following significant access barriers arise for non- employees: (a) social insurance schemes – unemployment, sickness, pension, and health care – are partially optional, or entirely optional for low‑income workers 35.
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Published on June 2, 2021, available at http://media.hotnews.ro/media_server1/document- 2021-06-2-24834826-0-pnrr-varianta-finala.pdf 104 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Luana M. Pop in non-salaried employment and (b) fiscal requirements are the same for all employed, thus creating major disincentives for those in non-standard work, and especially for low‑income workers.
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A rough estimate shows that no more than 20% of paid workers who are not employees are enrolled in the public pension system; the proportion of those who, in addition, are also voluntarily insured against unemployment and/or sickness is unknown, but probably considerably lower.
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In fact, the unemployment benefits fail to provide effective protection, even for those who are eligible; the proportion of the unemployed at risk of poverty grew in 2020 to two thirds, for the first time in 14 years rising above the poverty level of the self‑employed. The measures adopted during the Covid‑19 pandemic target mostly those who were already entitled to these benefits, consolidating the support for these categories, and especially for employees.
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However, some of the measures were explicitly directed towards the self-employed and dayworkers, a significant improvement in the concern shown for these categories during the past ten years.
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Unfortunately, the measures adopted during 2020 are temporary, thus without a medium/ long term impact on the self‑employed; the government, indeed, is attempting to reverse or tighten the eligibility criteria, as some of the temporary measures adopted during 2020 have turned out to be very expensive.36 While the Romanian NPRR includes an explicit component addressing the increase in the proportion of workers in the formal economy, and support for those in informal work (the implementation of the minimum insertion income, postponed since 2016), the gap in welfare between employees and all other workers is currently largely unaddressed.
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As an effect of the Covid-19 crisis, this gap is at risk of increasing, and no effective or significant measures have been adopted to prevent the deepening of this gap, or to address vulnerable categories (on or outside the labour market). A reduction in informal work is essential, yet not enough; the legal system needs to provide adequate structures to encourage those in NSW and the self-employed to access social protection, thus enhancing equity among all workers.
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Finally, there is an urgent need, acknowledged by the government in its 2021 reform programme, to strengthen social dialogue and to help the social partners redefine their role in this changing economic context. 36. In June 2021, an emergency ordinance (GEO no. 74/2021) was issued that tightens the eligibility criteria for sickness benefits, due to the increased costs linked to the National Health Insurance Fund during the Covid-19 pandemic.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 105 Country chapter Romania References Allinger B. and Adam G. (2021) Mixed impacts of Covid-19 on social dialogue and collective bargaining in 2020, Dublin, Eurofound.
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https://www.eurofound.europa.eu/ publications/article/2021/mixed-impacts-of-covid-19-on-social-dialogue-and-collective- bargaining-in-2020 Bechir M. (2019) Gig economy: România e pe media UE la lucrătorii principali, cursdeguvernare.ro, 23 October 2019. https://cursdeguvernare.ro/gig-economy- romania-e-pe-media-ue-la-lucratorii-principali.html Eurofound (2020) Covid-19: Policy responses across Europe, Luxembourg, Publications Office of the European Union.
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https://www.eurofound.europa.eu/sites/default/files/ ef_publication/field_ef_document/ef20064en.pdf ILO (2016) Non-standard employment around the world: understanding challenges, shaping prospects, Geneva, ILO. Krokavay N. (2021) Policy responses from governments and social partners to the Covid-19 pandemic, Dublin, Eurofound.
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https://www.eurofound.europa.eu/publications/ article/2021/policy-responses-from-governments-and-social-partners-to-the-covid-19- pandemic Pesole A., Urzí Brancati M. C., Fernández-Macías E., Biagi F. and González Vázquez I. (2018) Platform workers in Europe, Evidence from the COLLEEM Survey, JRC Science for Policy Report, Brussels, European Commission. Roșioru F. (2019) Romania: case study, in Daugareilh I., Degryse C. and Pochet P. (eds.)
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(eds.) The platform economy and social law: key issues in comparative perspective, Working Papers 2019.10, Brussels, ETUI, 84-91. https://www.etui.org/publications/working- papers/the-platform-economy-and-social-law-key-issues-in-comparative-perspective Spasova S., Ghailani D., Sabato S., Coster S., Fronteddu B. and Vanhercke B. (2021) Non- standard workers and the self-employed in the EU: social protection during the Covid-19 pandemic, Report 2021.02, Brussels, ETUI.
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Urzí Brancati M.C., Pesole A. and Férnandéz-Macías E. (2020) New evidence on platform workers in Europe, Results from the second COLLEEM survey, JRC Science for Policy Report, Brussels, European Commission. All links were checked on 09.09.2021.
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All links were checked on 09.09.2021. 106 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Luana M. Pop Country chapter Sweden Johan Fritzell*, Kenneth Nelson** and Joakim Palme*** *Karolinska Institutet/Stockholm University; **Stockholm University; ***Uppsala University Introduction The Swedish economy was substantially hit by the Covid‑19 pandemic, although lock‑down measures were not as tough as in many other European countries.
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While businesses suffered from the recommendations and rules on social distancing, many jobs were protected through a temporary job retention scheme. Access to both unemployment and sickness benefits was made more generous. Temporary compensation for Covid‑19 related risk groups was also introduced and the classification of Covid-19 as a socially dangerous disease made it possible to apply for a so called disease carrier allowance.
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Most of the temporary measures in place apply equally to all forms of employment,1 though some specific rules were targeted at the self-employed (e.g. the temporary abolition of the five-year waiting rule in unemployment insurance). The trade unions were supportive of the temporary measures in place, although there is an ongoing debate about the extent to which some of the changes should be made permanent.
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Concerns were raised in relation to the self‑employed, who could not use the temporary job retention scheme. The Council Recommendation on access to social protection for workers and the self‑employed 2019 has not received much public attention. Since February 2020, much of the public debate in Sweden has centered around the pandemic, and recently around the parliamentary motion of censure which led to the resignation of the Swedish prime minister on the 28th of May 2021 (re-elected 7 July).
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The chapter is structured as followed. First, we review the rules and characteristics, and the major changes induced by the pandemic, of unemployment benefits, sickness benefits, and pandemic leave. Thereafter follows a brief discussion of the consequences of each measure, before turning to the role of the social partners. We then give a future oriented perspective, before drawing some main conclusions. 1.
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1. For the purposes of this chapter, we use the following definitions of different types of employment (ILO 2016): Standard employees i.e. full-time open-ended contracts; non- standard workers i.e. contractual employment outside of full‑time open‑ended contracts (e.g. part‑time, temporary contracts, zero‑hour, seasonal workers, etc. ); self‑employment, i.e. people working for their own account.
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people working for their own account. Social protection of non-standard workers and the self-employed during the pandemic: country chapters 107 1. Description of measures2 1.1 Unemployment benefits Sweden has a two‑tiered unemployment insurance system that applies to all employees and the self‑employed.3 It consists of a universal flat-rate benefit and voluntary earnings-related compensation.
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Membership of an unemployment insurance fund (for a continuous period of at least 12 months) is a precondition for entitlement to earnings‑related compensation. There are special unemployment insurance funds for the self‑employed. Both benefits require previous activity with a minimum of hours worked per month over 6 months. Unemployment benefits are subject to 6 waiting days, and they are paid for a maximum of 300 days. Membership fees vary slightly between unemployment insurance funds (i.e.
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occupational sectors), but not between type of employment contract. The self-employed are subject to the same membership and work requirements. Entitlements are also the same for the self‑employed. Part-time employees receive benefits for the days (or hours) they are unemployed. As a baseline, average workhours in the last 12 months are used. Part‑time employees who are partially unemployed receive benefits for a maximum of 75 days during weeks in which they are engaged in gainful employment.
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The remaining 225 days of benefits can only be received for weeks when the claimant is fully unemployed. Self-employed persons cannot be partially unemployed and receive benefits, and they need to terminate their business, or put it on hold, to become eligible. If the corporate activity is re-activated, the self-employed person is barred from unemployment benefits for a period of 5 years; this is done with a view to reducing the risk of fraud.
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In response to the Covid-19 pandemic, both maximum and basic benefits were raised, the 6 waiting days were abolished, and the qualifying conditions (both work requirements and membership requirements) were relaxed. All these changes apply equally to all types of workers and the self‑employed. The changes entered into force on 13 April 2020, and most of them will be effective until 31 December 2. See Fritzell et al. 2021 for further details. 3.
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See Fritzell et al. 2021 for further details. 3. The distinction between self-employed and employees is defined in Swedish tax law and refers to how income is taxed; either as derived from commercial activities or as resulting from contractual employment. Some small firms in Sweden are set up as companies in which the owner cannot be employed and receive a salary. Instead, profits are taxed as income from commercial activities.
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Based on this income, the self‑employed pay municipal and state tax, as well as social security contributions (egenavgifter). Individuals who run a small business set up as a limited company have the option to be employed in their own firm (it is quite easy to set up a limited company in Sweden, and the required minimum share capital is only €2,500).
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In terms of social security coverage, employees who work in their own limited company are not treated any differently from other employees on the Swedish labour market. Nor are they considered to be self-employed in Swedish statistics. This definition of self-employment and its relationship to social protection in Sweden appears to differ from many other European countries. The proportion self-employed in Sweden is also among the lowest in the EU‑27 (Eurostat 2021).
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108 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Johan Fritzell, Kenneth Nelson and Joakim Palme 2022. However, the six-day waiting period was re-instated in January 2021, when the relaxed membership requirement for the earnings‑related component was also abolished. The universal benefit was raised for the first 100 days from €36.5 to €51 per day. The maximum earnings-related daily benefit was raised for the first 100 days from €91 to €120.
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On 29 June 2020, the maximum daily benefit after 100 days was also raised, from €76 to €100. The work-requirement was relaxed from 80 to 60 hours of work per month during the last six months, or 420 (instead of 480) hours during a consecutive period of 6 months, with at least 40 (instead of 50) hours of work every month during the last 12 months.
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Between March and December 2020, each month of membership of an unemployment insurance fund was counted as four months of membership, and the ‘five-year rule' was abolished for those self-employed who became unemployed in 2020. 1.2 Sick pay and sickness benefits During the first 14 days of sickness, employers pay sick pay. In 2019, the one-day waiting period for employees was changed to a deduction corresponding to 20% of the first weekly sick pay.
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After 14 days, the employee can apply for sickness benefit from the Social Insurance Office (Försäkringskassan). In order to qualify for sick pay or sickness benefits, employment income is expected to last for at least 6 months or be considered regular on a yearly basis. Some employers do not pay sick pay, and in those cases the employee can instead apply for a sickness benefit.
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For example, this sometimes applies to employees who work by the hour and to zero‑hour workers for whom employers may have special agreements. The sickness benefit is approximately 80% of the expected annual income (sjukpenningrundande inkomst, SGI), up to a maximum of €81 per day. The maximum duration of the sickness benefit is normally one year.
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Self-employed workers are not entitled to sick pay but can apply for sickness benefit if they cannot work at least one‑fourth of their normal hours due to sickness. The rate of compensation is the same as for employed persons. For those who have been self-employed for less than 24 months, the sickness benefit is based on what an employee with the same work, education and experience is likely to earn.
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For those who have been self‑employed for a period of more than 24 months, the sickness benefit is usually based on business income in the last 3 years. However, the income base (sjukpenninggrundande inkomst, SGI) for sickness benefits for self‑employed workers can normally not exceed the average income base of a regular employee with similar education, experience and work tasks. The self-employed may choose between different numbers of waiting days (1, 14, 30, 60 or 90 days).
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