Common use of Obstacles Clause in Contracts

Obstacles. Access, return, retention and development are fundamental steps to achieving the full integration of individuals in the labour market. Active inclusion depends on the way the labour market and society are organised as well as on the capacities, talents and motivation of individuals and organisations. The European social partners have identified obstacles to an inclusive labour market. They do not necessarily occur simultaneously. Whilst not an exhaustive list, the issues set out below constitute challenges to achieving inclusive labour markets. 4.1 Obstacles regarding the availability of information: information regarding job seekers and available jobs, including that notified to employment agencies, whether public or private, as well as regarding the content and the conditions of the jobs, prospect for career development, training schemes and on how to access advice and guidance are all relevant. The information to employers about the existence of support measures to assist them in filling vacancies and initiatives regarding the image conveyed by a sector or a company are to be taken into account. 4.2 Obstacles regarding recruitment: ineffective recruitment methods in attracting a wide diversity of applicants for vacancies without discrimination, the effects on employability of frequent or long absences from the labour market, the existence of special advice and guidance in how to apply for and perform jobs are also identified. 4.3 Obstacles regarding training, skills and capabilities: the investment in or access to learning opportunities, the existence and/or recognition of individuals’ skills (formal, informal, technical, social, language) and professional experience, the match between the training offered by education systems, vocational methods and the needs of the labour market are also important issues. 4.4 Obstacles regarding responsibilities and attitudes of employers, workers, their representatives and job seekers: motivation, self-confidence, anticipation of and adaptation to change, quality of information, consultation, internal communication and social dialogue, support and accompanying measures for those as identified in clause 3 as well as pressures from management, colleagues, customers and families are another group of obstacles. 4.5 Obstacles regarding working life: features such as working conditions and work organisation, work life balance policies and career development prospects are key issues. 4.6 There are also several factors going beyond the sole competences of social partners, which impact on the effectiveness of labour markets in integrating everybody of working age. Such factors, measures and policies can contribute to labour market inclusion and are developed in the recommendations in annex 1. 5 SOCIAL PARTNERS’ ACTIONS • Organise where relevant awareness-raising campaigns and design action plans to improve and/or restore the image of a sector or occupation(s) in all their aspects; • Organise where relevant awareness-raising campaigns and design tools to promote the diversity of the workforce; • Disseminate information about availability of jobs and training schemes; • Cooperate with the “third sector” to support those who encounter particular • Cooperate with education and training systems in order to better match the needs of the individual and those of the labour market, including by tackling the problems of basic skills (literacy and numeracy), promoting vocational education and training and measures to ease the transition between education and the labour market; • Implement specific and effective recruitment methods and induction policies as well as ensure the right working conditions to welcome and support new entrants in the enterprise; • Introduce individual competence development plans (in line with the framework of actions for the lifelong development of competences and qualifications) jointly elaborated by the employer and the worker, taking into account the specific situation of each employer, particularly SMEs, and worker. These plans identify the required competences of the worker in a given work situation; and, with shared responsibilities according to the individual situation, actions to develop the worker’s competences. • Improve transparency and transferability, both for the worker and for the enterprise, in order to facilitate geographical and occupational mobility and to increase the efficiency of labour markets: • Promote more and better apprenticeship and traineeship contracts.

Obstacles. Access, return, retention and development are fundamental steps to achieving the full integration of individuals in the labour market. Active inclusion depends on the way the labour market and society are organised as well as on the capacities, talents and motivation of individuals and organisations. The European social partners have identified obstacles to an inclusive labour market. They do not necessarily occur simultaneously. Whilst not an exhaustive list, the issues set out below constitute challenges to achieving inclusive labour markets. 4.1 Obstacles regarding the availability of information: information regarding job seekers and available jobs, including that notified to employment agencies, whether public or private, as well as regarding the content and the conditions of the jobs, prospect for career development, training schemes and on how to access advice and guidance are all relevant. The information to employers about the existence of support measures to assist them in filling vacancies and initiatives regarding the image conveyed by a sector or a company are to be taken into account. 4.2 Obstacles regarding recruitment: ineffective recruitment methods in attracting a wide diversity of applicants for vacancies without discrimination, the effects on employability of frequent or long absences from the labour market, the existence of special advice and guidance in on how to apply for and perform jobs are also identified. 4.3 Obstacles regarding training, skills and capabilities: the investment in or access to learning opportunities, the existence and/or recognition of individuals’ skills (formal, informal, technical, social, language) and professional experience, the match between the training offered by education systems, vocational methods and the needs of the labour market are also important issues. 4.4 Obstacles regarding responsibilities and attitudes of employers, workers, their representatives and job seekers: motivation, self-confidence, anticipation of and adaptation to change, quality of information, consultation, internal communication and social dialogue, support and accompanying measures for those as identified in clause 3 as well as pressures from management, colleagues, customers and families are another group of obstacles. 4.5 Obstacles regarding working life: features such as working conditions and work organisation, work work-life balance policies and career development prospects are key issues. 4.6 There are also several factors going beyond the sole competences of social partners, which impact on the effectiveness of labour markets in integrating everybody of working age. Such factors, measures and policies can contribute to labour market inclusion and are developed in the recommendations in annex 1. 5 SOCIAL PARTNERS’ ACTIONS • Organise where relevant awareness-raising campaigns and design action plans to improve and/or restore the image of a sector or occupation(s) in all their aspects; • Organise where relevant awareness-raising campaigns and design tools to promote the diversity of the workforce; • Disseminate information about availability of jobs and training schemes; • Cooperate with the “third sector” to support those who encounter particular difficulties in relation to the labour market; • Cooperate with education and training systems in order to better match the needs of the individual and those of the labour market, including by tackling the problems of basic skills (literacy and numeracy), promoting vocational education and training and measures to ease the transition between education and the labour market; • Implement specific and effective recruitment methods and induction policies as well as ensure the right working conditions to welcome and support new entrants in the enterprise; • Introduce individual competence development plans (in line with the framework of actions for the lifelong development of competences and qualifications) jointly elaborated by the employer and the worker, taking into account the specific situation of each employer, particularly SMEs, and worker. These plans identify the required competences of the worker in a given work situation; and, with shared responsibilities according to the individual situation, actions to develop the worker’s competences. • Improve transparency and transferability, both for the worker and for the enterprise, in order to facilitate geographical and occupational mobility and to increase the efficiency of labour markets: • Promote more and better apprenticeship and traineeship contracts.