Documents

Annual Report 2010

As this is a draft bill intended to transpose into Spanish law Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of insurance and reinsurance (Solvency II), the Spanish ESC considers it would be desirable to suitably synchronize this incorporation into domestic law with the current legislative processes at Community level. This would avoid any confusion over certain aspects which, in the bill submitted for an opinion, appear unduly open and indeterminate.The Council notes that the introduction of a new supervisory model based on risk management will require a supervisory structure with sufficient material, technical and human resources. It adds that it is doubtful whether sufficient resources are provided for the supervisory body so that it may undertake the management tasks involved in introducing the new model.In this respect the Council considers that the human and technical resources assigned to the supervisory body should be increased in line with the new and more complex requirements arising from the new supervision model. But the Council regards the separation of regulatory and supervisory functions as correct. The proposed opinion notes that regulatory functions should in any event continue to reside with the Ministry for Economic Affairs and Finance. The opinion stresses that, with regard to pension schemes and funds, account should be taken not only of the financial nature of such instruments but also of the source of the pension commitments contained in them, through collective bargaining and the promotion of such instruments within collective labour relations.

The Council expresses satisfaction at the fact that joint farm ownership and women’s remuneration for their actual contribution to farm work are at last being regulated, providing an incentive for women to remain in the rural environment and become professionals, and countering the trend towards depopulation, male predominance and aging of the rural population.The Council says that the bill under consideration constitutes a highly significant step towards achieving real equality between men and women in the rural environment, given the progress that it represents in the economic and social recognition of work done by farming women. The bill moreover meets one of the main historical demands of national farmers’ associations. In this respect the Council notes that the measure is a form of positive action expressly identifying women as the recipients of the economic and social improvements introduced by the bill. The Council further notes that it would be desirable for joint ownership to concern both men and women, and suggests that the wording of article 2.1 be reconsidered, for it may involve discrimination between male homosexual couples and female homosexual couples. On this point the Council considers inappropriate, in the legal sphere, the use of the expression relación de afectividad (“emotional relationship”) with reference to unmarried couples, whereas in its view it would be more correct to refer to relaciones de pareja (“couple relationships”).

The Spanish ESC welcomes the draft bill creating a special system for farm employees within the general social security scheme, catering for such workers both when in work and when not in work.The opinion notes that the process of integrating employed workers along with the employers for which they work into the general scheme with the creation of a special system is being conducted in a suitably gradual way, thereby preventing an increase in costs that would be detrimental to farm competitiveness and employment.

The SER is advocating greater differentiation in higher education in order to serve students and the labour market more effectively. This requires a varied and efficient range of study programmes, including the associate degree (two-year higher professional qualification) and more opportunities to achieve excellence at universities of applied sciences and research universities. By contrast, fragmentation of the supply of courses must be reduced.

An increasing number of people are experiencing considerable time pressure when it comes to combining work with private life. Working hours and the times at which people have to use public services are not well-coordinated. For this reason, a smarter organisation of the time and place of work is required in both the service sector and in companies. In response, the SER is making specific recommendations to educational institutions, childcare centres, healthcare organisations, municipalities and businesses

It must be made more normal and easier for working people to voluntarily change jobs or switch to another sector. Employers, employees and government must invest in the training and deployability of employees. Changing jobs more often benefits employees and employers and ensures a properly functioning labour market.

The Council calls for changes in social security contributions and early retirement. The Council welcomes the draft bill, which contains a large portion of the measures contained in the Agreement on Reforming and Strengthening the Social Security System and in the agreement reached with the social partners, thereby giving the measures greater legitimacy. The opinion stresses, however, that the draft bill is improvable. The text adopted by the Council’s plenary session notes that further steps need to taken in the process of simplifying the social security system towards two broad schemes covering, respectively, employees and the self-employed. Regarding the progressive application of the new retirement ages, the Council considers that the issue of gaps in pension contributions should be further clarified. As to those affecting the calculation of the basis of assessment, the opinion notes that the draft bill includes limitations that are not in the Agreement, and accordingly calls for broader access to alternative calculation formulas. Regarding non-voluntary early retirement, the Council advocates consideration not only of economic grounds but also of technical, organizational and production-related ones.

This progress report is a follow-up to the Social and Economic Council’s Statement on International Corporate Social Responsibility. In that statement, the central employers’ organisations and trade union federations call on businesses to develop initiatives for responsible supply chain management based on guidelines and recommendations of the ILO, OECD and the international Chamber of Commerce (ICC). It was agreed at the time that the SER would issue an annual progress report. The Second progress report reveals that many international corporate social responsibility (IMVO) initiatives are being developed in relevant businesses, sectors and trade associations. For instance, various sectors have introduced sustainability agreements and are demonstrating increasingly sustainable processes and several commodity boards have launched specific projects. The progress report includes an investigation into the sustainable purchasing policy of Dutch businesses. The investigation shows that more is taking place than businesses are reporting. Attention for sustainable purchasing appears to be increasing as businesses deal with more non-western suppliers. At the same time, the investigation highlights a number of challenges. This progress report also focuses on the deepening of the basic philosophy of the IMVO Committee by assessing remedy mechanisms, as part of the Ruggie framework, Protect, respect and remedy, and the scope of supply chain management. In 2012, there will be a final evaluation of the SER IMVO initiative, in which more policy-related conclusions will be drawn. However, one conclusion is already clear: IMVO/CSR is never finished, because it is a process that continues in parallel with developments in society and within the business community.