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Faced with the unilateral power of platforms and collective initiatives on the field, the organisation of collective relations between workers and platforms also emerges as a consensual solution for regulation.
The Senate’s social affairs commission21 is also favourable to exploring more constraining regulation of platforms than the current charters, and points to the more promising avenue of making working people’s social rights more universal beyond their occupational status.
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This is already the case for the coverage of healthcare expenditure and could for example be applied to the right to training and holidays.
The experiment of implementing a right to unemployment for the self‑employed would have been a step in this direction if the constraints imposed had not led to the failure of this reform.
Its forthcoming re-examination could be the starting point for a broader reform of social protection.
20.
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20.
Frouin J-Y., with input from Barfety J-B., Réguler les plateformes numériques de travail [regulating digital work platforms], Report to the Prime Minister, 1 December 2020 https:// www.gouvernement.fr/sites/default/files/document/document/2020/12/rapport_reguler_ les_plateformes_numeriques_de_travail.pdf 21.
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Forissier M., Fournier C., et Puissat Fr., Rapport d’information présenté au nom de la commission des affaires sociales sur le droit social applicable aux travailleurs indépendants économiquement dépendants [information report presented in the name of the commission for social affairs on the social right applicable to economically dependent self-employed workers], N 452, Recorded at the Senate on 20 May 2020.
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38 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Michel Legros Conclusions This chapter concerns two heterogenous groups: self‑employed people and non‑ standard workers.
They have different statuses and depend on distinct social regimes, but both have been strongly impacted by the pandemic, either because they were frontline key workers, or because they were obliged to stop their activity, considered as non‑essential.
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Despite the numerous and extensive measures implemented during the pandemic, many self‑employed people had no access to state-guaranteed loans or sufficient grants from the Solidarity Fund, and found themselves in great difficulty.
Not all workers were able to access the job retention scheme, which was the key support measure.
As a result, a great number of these working people had to turn to the various solidarity and support initiatives offered by associations, sometimes including food aid.
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Throughout the period, the pandemic had the effect of amplifying and revealing previous difficulties: social protection that is too partial and limited for the self- employed, and a work status that is too precarious for workers who do not have long‑term contracts.
The progressive extension of universal coverage of healthcare expenditure and family protection in France has brought NSW/SE closer to standard workers in these two areas.
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However, the compensation measures adopted to make up for decreased income are in fact closer to social welfare benefits than insurance.
This situation has been well known for some time.
In its aim to create more secure career paths and improve access to social rights, the government had favoured the emergence of reflections on the future of these professionals.
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Several scenarios have been put forward to date, ranging from maintaining the status quo subject only to court rulings, to full integration into the general social protection regime.
The combination of more attention paid to these issues by the European Union and the forthcoming French presidency of the European Union Council could act as an accelerator.
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References Bajos N., Warszawki J., Pailhé A., Counil E., Jusot F., Spire A., Martin C., Meyer L., Sireyjol A., Franck J.-E. and Lydié N. (2020) Les inégalités sociales au temps du Covid-19, Questions de santé publique 40, Paris, Institut pour la Recherche en Santé Publique.
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Ducoudré B. and Périvier H. (2020) L’emploi des femmes et des hommes pendant la période de confinement du 17 mars au 10 mai 2020, Le blog OFCE, 22 July 2020. https://www.ofce.sciences-po.fr/blog/lemploi-des-femmes-et-des-hommes-pendant-la- periode-de-confinement-du-17-mars-au-10-mai-2020/ Duvoux N. and Lelièvre M. (2021) La pauvreté démultipliée : dimensions, processus et réponses, Paris, Conseil national des politiques de lutte contre la pauvreté et l’exclusion sociale.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 39 Country chapter France Eurofound (2021) Covid-19: Implications for employment and working life, Luxembourg, Publications Office of the European Union.
https://www.eurofound.europa.eu/sites/ default/files/ef_publication/field_ef_document/ef20050en.pdf HCFiPS (2020) Rapport sur la protection sociale des travailleurs indépendants, Paris, Haut Conseil du financement de la protection sociale.
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https://www.securite-sociale.fr/files/live/sites/SSFR/files/medias/HCFIPS/2020/ HCFiPS%20-%20Rapport%20TI%202020%20-%20Tome%20I.pdf Huteau G., Legros M., Martin C., Sopadzhiyan A. and Valdes B.
(2021) ESPN Thematic report: social protection and inclusion policy responses to the Covid-19 crisis - France, Luxembourg, Publications Office of the European Union.
ILO (2016) Non-standard employment around the world: understanding challenges, shaping prospects, Geneva, ILO.
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https://www.ilo.org/wcmsp5/groups/public/---dgreports/--- dcomm/---publ/documents/publication/wcms_534326.pdf INSEE (2020) Emploi et revenus des indépendants, Montrouge, Institut national de la statistique et des études économiques.
https://www.insee.fr/fr/statistiques/4470890 INSEE (2021) Emploi salarié et non salarié en 2019 et évolution annuelle : comparaisons départementales, Montrouge, Institut national de la statistique et des études économiques.
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https://www.insee.fr/fr/statistiques/2012800#tableau-TCRD_028_ tab1_departements Lambert A. and Cayouette-Remblière J.
(eds.)
(2021) L’explosion des inégalités : classes, genre et générations face à la crise sanitaire, Paris, Éditions de l’Aube.
Legros M. and Huteau G. (2021) New unemployment insurance for self-employed workers in France: innovation and limitations, Flash Report 2021/21, Brussels, European Commission, European Social Policy Network (ESPN).
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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.
UNEDIC (2020) Qui sont les allocataires indemnisés par l’assurance chômage en 2019 ?, Paris, Unédic.
https://www.unedic.org/sites/default/files/2020-10/Etude%20 allocataires_indemnises_2019_octobre_2020_0.pdf All links were checked on 09.09.2021.
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Annexes Annex 1: Key dates of the pandemic in France 24 January 2020 15 February 29 February 17 March 11 May 1 June 30 October 15 December 27 December 16 January 2021 3 April Announcement of first 3 cases of Covid-19 in France First death in France First restrictions First lockdown First progressive end of lockdown 29,000 deaths Second lockdown, maintaining crèches and schools open Second progressive end of lockdown First vaccination General curfew at 6pm Third ‘looser’ lockdown 40 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Michel Legros 15 April 29 April 1 June 2021 15 June 16 June 12 July 2021 Threshold of 100,000 deaths reached Announcement of end of lockdown in four stages, from 19 May to 30 June 109,000 deaths Over 30 million people had received their first vaccination Early announcement of the end of numerous restrictions (wearing of face‑masks outside, curfew) Announcement by the French President of a reinforced vaccination campaign and the establishment of a Health Pass in view of a likely fourth wave of the pandemic in France Annex 2: Extraordinary and temporary measures related to unemployment benefits in France ‑ ‑ ‑ ‑ ‑ Suspension de la dégressivité de l’indemnité pour les hauts salaires [suspension of the phased reduction for high salaries].
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The scheduled 30% drop in the Allocation de Retour à l’Emploi [back‑to‑work allowance- ARE] for beneficiaries aged under 57 whose former salary was above €148.54 / day, or €4,518 / month, was suspended until 31 March 2021.
Allongement du délai de forclusion [extension of time limit].
To be eligible for unemployment benefit, claimants at the end of their work contract formerly had 12 months to sign up as a job seeker with Pôle Emploi (job centre).
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Due to the health crisis, this period has been extended by the number of days without a work contract from 1 March 2020 to 31 May 2021.
Maintien de l’indemnité de formation [maintenance of the training allowance].
In the case of suspension of a training course accredited by Pôle Emploi [job centres] opening up the right to claim Allocation de Retour à l’Emploi-Formation [back-to-work/training allowance, AREF] this allowance is maintained during the period of interruption.
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Prolongation du versement de l’Allocation de Retour à l’Emploi [extension of payment of back‑to‑work allowance, ARE].
For beneficiaries coming to the end of their eligibility for this principal unemployment benefit between 30 October 2020 and 31 January 2021.
Allongement de la période de référence d’affiliation [extension of the employment reference period].
This period concerns the minimum duration of employment in order to be eligible for, or reaffirm eligibility for, unemployment benefit.
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It used to be 24 months, but is now automatically extended by three months, amounting to 27 months for employees aged under 53, and 39 months for those aged 53 and over.
Social protection of non-standard workers and the self-employed during the pandemic: country chapters 41 Country chapter France ‑ ‑ Assouplissement de la durée minimale d’affiliation [greater flexibility for the minimum employment period].
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From 1 November 2019, to receive unemployment benefits, claimants had to have worked at least 130 days, or 910 hours (about six months) during the reference period mentioned above.
Since 1 August 2020, this condition has been reduced to 88 days, or 610 hours (about four months) during the previous 24 months.
Dérogation aux conditions de cumul de l’ARE avec des tâches d’intérêt général [exemption from conditions concerning a cumulation of ARE with general interest tasks].
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By way of derogation, ARE may be cumulated with income earned from general interest tasks carried out as part of the response to the Covid‑19 pandemic, whatever the number of hours involved in these activities.
Most of the measures were implemented during the first lockdown in mid-March 2020.
Several have been readjusted, in particular between the two lockdowns, for example, the minimum employment period.
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Initially announced to apply until 31 December 2020, the measures have been extended every month so far in 2021 to reflect the health crisis situation.
These measures apply to all private‑sector employees seeking employment and signed up at Pôle Emploi who receive unemployment benefits or meet the criteria to do so.
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At the end of June 2020, the number of claimants eligible for benefits represented 67.4% of unemployed people signed up at Pôle Emploi in categories A, B and C. Of these, 78.0% receive unemployment benefit.
These various measures, which are only adjustments to existing provisions, are not designed to be maintained beyond the public health crisis.
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Forthcoming conventions involving social partners will need to decide on new terms regulating unemployment benefit for jobseekers, and probably re-examine the unemployment insurance reform in its totality.
While the reform of unemployment insurance had been suspended during the health crisis, the decree of 30 March 2021 (No.
2021-346, JO 31 March 2021) makes applicable, from 1 July 2021, a new method of calculating daily unemployment benefits.
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This measure is expected to affect 1.15 million job seekers in the first year of implementation, with a 17% reduction in the daily allowance.
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42 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Michel Legros Country chapter Ireland Mel Cousins Trinity College, Dublin Introduction This study focuses on social protection measures1 related to unemployment benefits, sick leave and sick pay taken in Ireland during the Covid-19 pandemic and, in particular on specific measures for non-standard workers and the self- employed (NSW/SE).2 Special pandemic leave also forms part of the overall project but no such general leave was introduced in Ireland.
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The period covered is 1 March 2020 to 1 June 2021.
Covid-19 was first identified in Ireland in late February 2020.
This led to a first wave of infection and the government closed schools, colleges, childcare facilities and cultural institutions on 12 March 2020.
Later in March 2020, almost all businesses, venues and amenities were shut.
Legislation was passed to enforce various restrictions in this first wave.
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As discussed below, extensive social protection measures were introduced at this time in response to the economic downturn and rise in unemployment.
Daily cases and deaths dropped to low levels by June 2020 and restrictions were gradually lifted, and schools re-opened in September.
There was a further surge in cases (second wave) and in October another national lockdown was imposed, excluding schools.
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By early December, Ireland’s infection rate was the lowest in the European Union and restrictions were eased in the run up to Christmas 2020.
The increased contacts and the more contagious Alpha variant led to a major surge (third wave) in late December and on 24 December another national lockdown was imposed.
In February 2021, the government set restrictions on all incoming travellers.
Serious cases fell sharply and schools re-opened in March 1.
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In Irish terminology, social protection refers to benefits which are the responsibility of the Department of Social Protection.
Issues concerning leave are generally a matter for the employment ministry, currently the Department of Enterprise, Trade and Employment.
This chapter uses the term ’social protection’ in this manner.
For the purposes of this chapter, we use the following definitions of different types of employment (ILO 2016): Standard employees i.e.
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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.
2.
The rationale for the study and definitions are set out in the Guidelines for experts and are not repeated here.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 43 and subsequent measures have allowed a gradual reopening of most businesses with further relaxations planned for July 2021.3 The social protection response has consisted of two main actions: 1.
Illness Benefit (IB) for Covid-19 absences; and 2.
The Covid‑19 Pandemic Unemployment Payment (PUP).
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The Covid‑19 Pandemic Unemployment Payment (PUP).
The Government also introduced a Temporary Covid‑19 Wage Subsidy Scheme (now replaced by the Employment Wage Subsidy Scheme) operated by the Revenue Commissioners, but this is not considered a social protection scheme and is not discussed further here.
The trade unions have been actively involved in pandemic‑related issues (such as health and safety at work) but have had limited engagement in social protection issues.
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This is the norm in Ireland, where trade unions have no formal role in the social protection system and little policy expertise.
There has been very limited discussion of the Council Recommendation on access to social protection for workers and the self-employed (hereafter ‘the Council Recommendation’) in Ireland.
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Section 1 of this chapter describes the measures which have been introduced, Section 2 looks at the potential effects on NSW/SE workers while Section 3 discusses the role of national trade unions.
Section 4 looks at future perspectives including the proposed introduction of statutory sickness pay and the Council Recommendation on access to social protection.
1.
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1.
Description of measures 1.1 Unemployment benefits The general unemployment benefit scheme involves a social insurance-based jobseeker’s benefit (JB) and a means-tested jobseeker’s allowance (JA).
These are flat-rate benefits with increases for adult and child dependants.
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To qualify for Jobseeker’s Benefit (JB), which is payable for up to 9 months, one must be aged under 66 and be unemployed, have suffered a substantial loss of employment, be capable of work and available for and genuinely seeking work and satisfy the social insurance contributions.
In general the contribution conditions are that one must have 104 weeks of paid contributions since becoming insured 3.
By 1 June 2021, the Department of Health had confirmed 262,000 cases and almost 5,000 deaths.
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As of 31 May 2021, 2,700,000 total vaccine doses had been administered in Ireland (approximately 1,850,000 1st dose and 850,000 2nd dose).
44 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Mel Cousins and 39 weeks of paid or credited4 contributions in the relevant tax year (or 26 weeks of paid contributions in both the relevant tax year and the previous tax year).
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The qualification conditions for JA are broadly similar except that it is subject to a means-test (which includes both income and capital) rather than contribution conditions.
Prior to 2019, self-employed persons were not insured for JB but might qualify for JA.
However, the Social Welfare Act 2019 introduced a new Jobseeker’s Benefit (Self-employed) scheme.
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To qualify for Jobseeker’s Benefit (Self-Employed) one must be aged between 18 and 66; no longer be self-employed; be unemployed, be capable of work and available for and genuinely seeking full‑time work, and satisfy the social insurance contributions (these are at least 156 weeks of paid self- employment contributions or at least 104 weeks of paid employment contributions and 52 weeks of self‑employed contributions in the relevant tax year).
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Other NSW workers may be insured for JB assuming they earn at least €38 per week (€5,000 per year as self-employed).
The government immediately (March 2020) introduced a broad Pandemic Unemployment Payment for workers who lost their jobs due to Covid-19.
The Covid‑19 Pandemic Unemployment Payment (PUP) is a weekly payment to employees and the self-employed who lost their job on (or after) March 13 due to the Covid-19 (Coronavirus) pandemic.
It originally operated on an administrative basis (i.e.
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on the basis of rules approved by Government but without a formal legal basis) but has now been put on a statutory basis in the Social Welfare (Covid‑19) (Amendment) Act 2020 (signed into law on 5 August 2020) which amended the Social Welfare (Consolidation) Act 2005.
Given the scale of Covid‑19 and the urgency of the situation, the Government decided to establish a new scheme rather than to rely on existing measures.
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In general people who became unemployed due to Covid‑19 would qualify for the PUP and, therefore, few changes were made to the main JB/JA schemes (other than to remove temporarily the waiting day rules).5 The PUP is described as an insurance payment but all persons in (insurable) employment at the time they lost work qualify without having to satisfy the normal contribution conditions (or a means test).
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Given the need to put in place a payment urgently, a standard payment of €350 per week was initially made to all claimants.
Graduated payments were subsequently introduced and currently the benefit rate is broadly linked to previous earnings.
Thus, persons who earned: - less than €200 per week receive €203 per week (the standard rate of JA/JB); 4.
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Credited contributions are granted to a person with a previous record of paid contributions who is unable to continue contributing due to unemployment, illness, and similar contingencies.
5.
Because PUP is flat rate, in some limited cases people with a number of dependents might be entitled to a higher rate on the standard schemes (which include increases for adult and child dependents).
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 45 Country chapter Ireland - between €200 and €299.99 per week – €250 per week; between €300 and €399.99 per week – €300 per week; - €400 or more – €350 per week.
- It may be that, insofar as NSW workers report lower incomes, they are more likely to receive the lower bands but no specific data is available on this.
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However, self- employed people in receipt of the PUP are allowed to earn up to €960 over an eight‑week period from their business, while retaining their full PUP entitlement.
It is currently planned that new claims for PUP will close as from 7 July and that the scheme will be ended by February 2022 with any remaining claimants transferring to JA or JB.
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1.2 Sick pay and sickness benefits The general sickness benefit scheme involves a social insurance Illness Benefit payable to insured persons (employees) for up to 2 years maximum.
To qualify for IB one must be incapable of work and satisfy the contribution conditions.
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These are that one must have 104 weeks of paid contributions since becoming insured and 39 weeks of paid or credited contributions in the relevant tax year (or 26 weeks of paid contributions in both the relevant tax year and the previous tax year).
IB is not payable to self-employed persons but may be payable to those in other NSW if they are insured.
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In response to the Covid-19 crisis, one of the first actions of Government in 2020 was to introduce an enhanced Illness Benefit for person unable to work due to Covid-19 or who were advised to avoid working.
Illness benefit (Covid-19) is a payment for employed and self‑employed persons who are advised to self‑isolate by a doctor or the Health Service Executive (HSE) or have been diagnosed with Covid-19 (Coronavirus).
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Unlike standard illness benefit (IB) (which only applies to insured employees) it also applies to the self-employed.
In order to qualify for enhanced IB, a person must have been in (insurable) employment but does not have to satisfy the normal contribution conditions.
The personal rate for this payment is €350 per week, as compared with the normal IB rate of €203, and there are no waiting days for the enhanced payment.
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The legal basis for the payment is the Social Welfare (Consolidation) Act 2005 as amended by the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 Act.
1.3 Special ‘pandemic’ leave Ireland has not adopted special leave arrangements linked to the closure of childcare facilities and schools.
There has been very extensive working from home and certain employers have adopted measures to help workers with childcare responsibilities.
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Traditionally, childcare has been seen as a personal responsibility and Ireland relies on largely private and family arrangements for childcare rather than publicly‑funded facilities.
46 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Mel Cousins 2.
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Potential effect of these measures on non-standard workers and the self-employed There is, unfortunately, very limited evidence about the extent to which these arrangements addressed the needs of NSW workers affected by Covid-19.
However, given how broad the measures have been, the impact must have been generally very positive.
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Given that the PUP and enhanced IB are payable to any persons in (insurable) employment at the time of the loss of employment (without a means test) and given that insurable employment is very broad in Ireland, the reforms introduced must have been inclusive for NSW/SE workers.6 The Economic and Social Research Institute (ESRI) has recently provided estimates of the impact of tax and welfare measures (Keane et al.
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2021).7 They estimate that ‘[f]amilies in the lowest income quintile actually experienced small income gains compared to the Pre‑Covid scenario as a result of the more generous rate of PUP’.
In general terms NSW workers would be insured for the standard JB and IB schemes.
However, the contribution requirements for such schemes are likely to be more difficult for them to satisfy.
I am not, however, aware of any recent studies which have looked specifically at this issue.
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Nonetheless, the main response to Covid-19 was the introduction of the PUP and enhanced IB, which must be very accessible for NSW/SE workers.
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The extension of jobseeker’s benefits (and other benefits) to the self-employed is primarily driven by political factors, and this policy approach has been led by the centre‑right Fine Gael party which has been in government since 2011 (as part of different coalitions) Again, I am not aware of any data on the adequacy of PUP/enhanced IB but, as noted above, these are paid (in many cases) at a significantly higher rate than standard benefits.
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The main issue in public debate at present are suggestions that these benefits may be too high and be acting as a disincentive for some workers to return to employment, but again evidence on this issue is limited.8 An Oireachtas [Parliamentary] Special Committee on Covid‑19 Response was set up in 2020 and reported in late 2020.
However, it does not appear to have identified any issues specifically concerning NSW/SE.
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Similarly, the Oireachtas Joint Committee on Social Protection (2020) reviewed the operation of the PUP and again did not raise any specific issues concerning NSW/SE.
6.
As noted above, any employee who earns more than €38 per week or self-employed person earning more than €5,000 per year.
is insurable.
By way of reference, the current minimum wage in Ireland is €10.20 per hour.
7.
The study does not provide any specific information on NSW/SE workers.
8.
The recent ESRI study (Keane et al.
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8.
The recent ESRI study (Keane et al.
2021) estimates that approximately 5% of individuals have a replacement rate (RR) greater than 100% once the PUP is introduced, while close to 15% have a relatively high RR, greater than 75%.
Of course, financial work incentives are just one factor in labour supply decisions.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 47 Country chapter Ireland In terms of numbers, there has been a steady fall in PUP claimants from a peak of almost 600,000 in early May 2020 to 310,000 on 1 June 2021.
Men make up 54% of claimants and women 46%.
However, men are more likely to receive the higher rate of PUP (64%) while women are more likely to receive the lowest rate (55%).
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The sector with the highest number of people in receipt of the PUP is now accommodation and food service activities (29% of the total), followed by the wholesale and retail trade (15%) and administrative and support service activities (9%).
The published data does not allow identification of NSW/SE workers.
In terms of numbers, the number of people receiving IB (Covid-19) has always been much smaller than those receiving the PUP.
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In late May 2021, there were just over 1,000 people in receipt of IB (Covid-19).
In total, up to that date, 153,000 people had been medically certified for receipt of IB (Covid-19), of whom 54% are women and 46% are men.
The sectors with the highest number of claimants are wholesale and retail trade (21% of the total), human health and social work (18%) and manufacturing (14%).
3.
The role of national trade unions The trade union confederation is the Irish Congress of Trade Unions (ICTU).
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There are currently 44 trade unions with membership of Congress.
Based on Labour Force Survey data, union density was 26% in 2020 and is higher among women (30%) than among men (22%).
About 15% of trade unions affiliated to ICTU are affiliated to the Labour Party (currently a small opposition party with less than 5% of the vote) but Congress itself has no political affiliations.
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The trade unions, including ICTU, have historically had a limited input in the design of social protection measures in Ireland and no role in implementation, other than in bringing any issues of concern to the attention of the relevant Department.
Trade unions are, in general, somewhat more involved in relation to employment‑related policies such as leave, but this tends to be negotiated more on a sectoral basis by individual unions than by ICTU.
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The focus has tended to be primarily on wage‑related issues and conditions of employment (e.g.
hours of work).
ICTU has made submissions to the Oireachtas [Parliamentary] Committee on Social Protection on the PUP but this did not refer specifically to issues concerning NSE.
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ICTU has also been involved in the discussion of the proposed introduction of statutory sick pay.9 The proposals for sick pay (see Section 4) were discussed at the Labour Employer Economic Forum which includes ICTU and the employer’s federation Irish Business and Employers Confederation (IBEC) in addition to government.
9.
See Joint Committee on Enterprise, Trade and Employment debate - Wednesday, 16 Dec 2020.
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48 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Mel Cousins There is no evidence that the trade union movement had any significant role in the design and/or implementation of the specific measures described in this chapter during the pandemic.
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However, ICTU did call for reforms to the Illness benefit scheme and for a temporary wage subsidy scheme10 and, in its submission to a parliamentary committee, ICTU identifies a role in ‘identifying anomalies and finding solutions in the administration of the PUP’.11 The trade unions have generally welcomed the measures and concerns raised related to rates of benefit, continuation of support, the application of jobsearch rules to persons whose jobs were closed and general control measures.
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While ICTU welcomes increased coverage for self-employed workers, it is concerned that the increased access to social insurance benefits for the self- employed over recent years has not been matched by a corresponding increase in their insurance contribution.
4.
Future perspectives In general, the measures taken initially were very broad and only limited reforms have been adopted subsequently, including introducing graduated payments for PUP (related to previous earnings) rather than flat-rate payments.
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The main current debates are about when and how supports should be phased out as and when the economy returns to a more normal situation.
The government has recently announced that it plans to retain PUP until February 2022 with some phased reduction over the period to then.
However, whether this will be implemented remains to be seen and will depend, in part, on economic and health developments.
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There do not appear to be any specific discussions about the impact on non‑standard workers and the self‑employed.
However, as a result of Covid‑19, pressure for some form of statutory sick pay has emerged in Ireland.
A Sick Leave and Parental Leave (Covid-19) Bill 2020 was introduced in the Dáil by the Labour Party in September 2020.
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Subsequently, the Oireachtas Special Committee on Covid‑19 Response (2021) issued a report recommending the establishment of a statutory sick pay requirement for low‑ paid workers, such as those working in nursing homes and meat plants.
The current Tánaiste [Deputy Prime Minister] and Minister for Enterprise, Trade and Employment has stated that the Government ‘is committed to introducing a statutory sick pay scheme that works for employees and employers as quickly as possible’.
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Following this, the Department of Enterprise, Trade and Employment (D/ETE) launched a public consultation process on the introduction of a statutory right to paid sick leave for all employees.12 10.
ICTU letter to An Taoiseach [Prime Minister], 4 March 2020.
11.
ICTU Submission to the Committee on Social Protection – Pandemic Unemployment Payment (PUP) Scheme, undated.
12.
Ibid.
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12.
Ibid.
Social protection of non-standard workers and the self-employed during the pandemic: country chapters 49 Country chapter Ireland Earlier in June 2021, the Government announced that employees (who have to have worked for their employer for at least the previous six months) are to get a right to be paid for up to 10 days of sick leave per year by 2025.
The new scheme is to be phased in over the next four years.
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Under the proposed Sick Leave Bill 2021, employees will be entitled to three days per annum from next year, rising to five days the following year and then seven days in 2024, before reaching the maximum of 10 days in 2025.
Payment will be at 70% of an employee’s wage subject to a maximum of about €40,000 per year.
Legislation has not yet been published at the time of writing and, of course, has to be adopted by the Oireachtas [Parliament].
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There has not been a public debate in Ireland on the Council Recommendation.
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A scrutiny report by the Minister for Social Protection to the Irish Parliament states that Ireland is ‘broadly supportive’ of the Council Recommendation and points out that Jobseeker’s Benefit was extended to the self-employed from November 2019 and that a new Parent’s Benefit, which was introduced from November 2019, also applies to the self-employed (Minister for Employment Affairs and Social Protection 2020).13 Conclusions Overall, there has been a very significant social protection response to Covid-19 which has been, from the first, much broader than the normal social protection approach and which has extended non-means tested payments to NSW workers.
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It may be for that reason that few specific issues concerning such workers have been identified.
As discussed above, access to benefits has been expanded to all those in insurable employment and there are no other contributions requirements (such as a requirement to have a certain minimum number of social insurance contributions paid in total or in a specific period).
Although there does not appear to have been specific research on this point, this must have been of significant benefit to NSW/ SE workers.
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In addition, the rate of benefit was (in many cases) significantly higher than the standard rate of benefit, and again this must have been of benefit to all workers including NSW/SE workers.
13.
The Council Recommendation is mentioned briefly in an ICTU submission to the Oireachtas Committee on Budgetary Oversight.
It is also mentioned in a Parliamentary Briefing concerning the introduction of jobseekers benefit for the self-employed in 2019 (Oireachtas Library and Research Service 2020).
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50 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Mel Cousins References Committee on Social Protection Community and Rural Development and the Islands (2020) Report on pandemic unemployment payment scheme, Dublin, Houses of the Oireachtas.
ILO (2016) Non-standard employment around the world: understanding challenges, shaping prospects, Geneva, ILO.
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Keane C., Doorley K. and Tuda D. (2021) Covid-19 and the Irish welfare system, Dublin, Economic & Social Research Institute.
Minister for Employment Affairs and Social Protection (2020) Report by the Minister for Employment Affairs and Social Protection to the Oireachtas in accordance with the European Union (Scrutiny) Act 2002 for the period 1st July to 31st December 2019, Dublin, Minister for Employment Affairs and Social Protection.
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https://www.aph.gov.au/DocumentStore.ashx?id=ee6c4eac-23d1-4178-9768-91f4ee305f09
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Oireachtas Library and Research Service (2020) Bill digest: social welfare bill 2019, Dublin, Houses of the the Oireachtas.
Oireachtas Special Committee on Covid-19 Response (2020) Final report, Dublin, Houses of the Oireachtas.
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.
All links were checked on 09.09.2021.
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All links were checked on 09.09.2021.
Social protection of non-standard workers and the self-employed during the pandemic: country chapters 51 Country chapter Ireland Country chapter Italy Chiara Belletti and Riccardo Norbiato Institut Polytechnique de Paris Introduction Italy was the first European country to be hard hit by the Covid-19 pandemic.
After the identification of the first Covid-19 cluster in Northern Italy (February 21, 2020), the epidemic swiftly spread all over the country.
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In response to the rapid increase in infection cases, the Italian government imposed a national lockdown between 9 March 2020 and 4 May 2020, restricting the movement of the population except for necessity, work, and health circumstances.
Moreover, in autumn 2020, the Italian government introduced further measures due to the resurgence of infections during the ’second wave’ of the epidemic.
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This exceptional context revealed the pivotal role of social protection, highlighting the crucial role of social security in attenuating the social and economic crisis.
In this regard, the Italian government adopted a series of decree laws to (i) address the impact of the pandemic and the lockdown‑related interruption of several economic sectors and (ii) introduce or reinforce social protection for workers hit by the crisis.
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The first of these decrees, named ‘Cure Italy’, was passed on March 17th 2020, followed by the decrees ‘Relaunch’ (19 May 2020), ‘Relief’ (9 November 2020) and ’support’ (13 March 2021).
The 2021 Italian Budget Law (30 December 2020) introduced other measures along these lines.
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The health and socio-economic crisis had an uneven impact on different categories of workers: workers in non-standard employment (NSW) and the self-employed (SE)1 were not only the categories least protected by the Italian welfare state structure, but also among the most severely affected by the economic shutdown.
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In this regard, the Italian government adopted social measures that (i) reinforced existing tools and (ii) introduced new ad-hoc income compensation for specific categories of non‑standard workers and the self‑employed.
Social protection measures have been taken by the government mostly as emergency measures, via decree law, and trade unions’ (TUs) involvement in the government decision‑ making process often occurred through informal and non‑institutionalized dialogue.
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In the opinion of some of the main Italian TUs, the measures adopted 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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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 53 to protect the self‑employed and atypical workers have been necessary but not sufficient in order to systematically extend the Italian welfare system to these workers and implement the 2019 Council Recommendation on access to social protection for workers and the self‑employed.2 Against this background, this chapter aims to investigate the effect of the Covid-19 related measures taken between 1 March 2020 and 1 June 2021 on NSWs and SEs in Italy.
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The study is structured around four sections.
The first describes the existing welfare system in Italy in terms of unemployment, sickness benefits and leave, and presents the measures taken in the area during the pandemic.
The second section focuses on the coverage and effects of these measures with respect to NSWs and SEs.
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The third section explores the involvement of the main Italian trade unions in the decision‑making process during the pandemic and their assessment of the measures adopted to protect NSWs and SEs.
The fourth section presents the debate relating to the social protection/situation of non-standard workers in Italy, in the light of the response to the Council Recommendation on extension of social protection to all workers.
1.
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1.
Description of measures 1.1 Unemployment benefit Two different unemployment benefit schemes (NASpI and DISCOLL) exist in the Italian welfare system.
For both benefits, a claim has to be presented within 68 days of involuntary redundancy, and this gives entitlement to earnings‑related compensation.
The NASpI (Nuova Assicurazione Sociale per l’Impiego) covers employees and assimilated workers and is conditional on both paid contributions and a sufficient work history.
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The benefit can be paid for a duration amounting to half the number of weeks for which contributions have been paid during the last four years prior to dismissal.
Those previously employed in para‑subordinate collaborations,3 research fellows, and PhD students on a scholarship, exclusively registered with the Istituto Nazionale Previdenza Sociale (INPS) Separate Fund (Gestione Separata),4 are entitled to benefits under a separate unemployment scheme: DISCOLL (Indennità di Disoccupazione Mensile).
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The benefit can be paid for half the number of months for which contributions have been paid in the period starting from 1st January of 2.
The Council Recommendation of November 8th 2019 (2019/C 387/01).
3.
Para‑subordinate collaborations are contracts with characteristics of both self‑employment and dependent work.
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Coordinate and Continuous Collaboration (Collaborazione Coordinata and Continuativa, CO.CO.CO) implies coordination between the worker and the client/employer, yet the employees organise their work independently.
4.
The national social welfare institution (INPS) includes a special pension fund named the INPS Separate Fund.
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