In Brief: A new legal study analyzes the extent of the European Union’s authority to mandate employee training rights, highlighting potential implications for hospitality employers operating in EU member states regarding workforce obligations and regulatory compliance.
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Image Credit European Employers’ Institute
The European Employers’ Institute (EEI) has published a new independent legal study examining the scope of EU action in the field of vocational training and the legal implications of introducing a binding right to training for employers at EU level.
The Right to Training in European Union Law: A legal study on the constitutional limits of EU action under Article 166(4) TFEU, authored by Professor Duarte Abrunhosa e Sousa, comes at a time when skills, reskilling and access to training are increasingly prominent in the EU social and employment policy debate.
The study concludes that the current EU Treaty framework does not provide a legal basis for introducing a general binding training obligation for employers. In particular, Article 166(4) TFEU enables the EU to support and complement Member State action on vocational training, while expressly excluding the harmonisation of national laws in this field.
The analysis also considers other possible legal bases, including Article 153 TFEU, Article 14 of the Charter of Fundamental Rights and Article 352 TFEU, as well as relevant EU case law and the existing EU acquis.
Importantly, the study highlights the considerable diversity of training systems across Europe. Member States rely on different combinations of employer-provided training, collective bargaining, individual learning accounts, training leave, co-financing and other statutory or sectoral arrangements to support skills development.
The findings underline the importance of an EU skills policy that supports investment in training, social dialogue and measures adapted to different national labour markets, while respecting the division of competences established by the Treaties. The study notes that EU action can continue through instruments including recommendations, funding, coordination, benchmarking and social-partner agreements.
For the hospitality sector, ensuring access to relevant skills and training remains essential to supporting workers, businesses and the long-term competitiveness of the sector.
Read the Executive Summary and the Full Study