European Economic and Social Committee Directorate B - Consultative Work Section for External Relations Brussels, 16 February 2015 BC No 26-2015 Briefing memo on the informal economy in Europe and Latin America __________________________________________________________________________________ To: EESC members attending the 8th Meeting of EU, Latin American and Caribbean civil society organisations Mr Zufiaur Mr Hick Mrs Porres Definition and main challenges of the informal economy According to the ILO (2002), "The term 'informal economy' refers to all economic activities by workers and economic units that are – in law or on practice – not covered or insufficiently covered by formal arrangements1". This definition includes two kinds of activities: illegal activities not included in the law and activities operating within the formal reach of the law, but where the law is not applied or enforced. One important component of the informal economy is undeclared work, defined by the European Commission as "any paid activities that are lawful as regards their nature but not declared to public authorities"2. Criminal activities are thus excluded from the definition of undeclared work. Due to its informal nature, it is difficult to measure the size of the informal economy. The informal economy is a multifaceted phenomenon. However, it has common features in all States, developed countries as well as developing countries. Several factors explain the existence of the informal economy and undeclared work: 1 2 Domestic workers, belonging by nature to the informal economy Irregular immigrants having no possibility of working formally. Migrants arriving legally in a country also have a higher probability of working in the informal economy. http://www.ilo.org/public/english/standards/relm/ilc/ilc90/pdf/pr-25res.pdf http://ec.europa.eu/europe2020/pdf/themes/07_shadow_economy.pdf EESC-2015-00672-00-00-TCD-TRA (EN) 1/7 EN In the case of an economic crisis, people might try to compensate their income losses through additional shadow economy activities. Financial issues: firms want to avoid taxation and social contributions. Regulatory issues: firms want to avoid meeting labour standards and administrative requirements. Illegality of the activities (drug, contraband…). However, most analysis from international organisations and academics focus on informal activities involving legal goods and services. Indeed, illegal activities are different in their drivers, their nature and their consequences. According to the World Bank3, the informal sector is a "persistent economic feature" of developing countries. It contributes to job creation and production of goods and services in these countries. Part of informal economic activities cannot be replaced by legal activities. Nevertheless, the informal economy has mainly negative consequences: Macroeconomic implications: decreases tax revenue (impacting public policies and provision of services), distorted competition with firms of the formal sector, impact on growth and productivity (production in the informal sector leads to inefficiencies: firms of small size, use of older technologies, difficult access to finance…) Social consequences: lack of social protection and insurance for informal workers as regular social security systems are generally organised around labour-based insurance; poor working conditions (safety issues, no training possibilities…) Political consequences: undermining social cohesion, distrust in public institutions Informal workers are mainly vulnerable parts of the population such as less qualified people, women, young people, older people… However, not everyone in the informal economy is poor and some workers and firms intentionally choose informality. The informal economy in Latin America Latin America and the Caribbean (LAC) are characterised by a high level of informality and poverty. Precarious jobs, limited social protection and high levels of unemployment force people to look to other forms of activities like undeclared work. The size of the informal economy across Latin America and the Caribbean is 34.7% of GDP4. Criminal activities and the informal household economy are excluded from this analysis, as their 3 4 http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTSOCIALPROTECTION/EXTLM/ 0contentMDK:20224904~menuPK:7366920~pagePK:148956~piPK:216618~theSitePK:390615,00.html Guillermo Vuletin, "Measuring the Informal Economy in Latin America and the Caribbean", IMF Working Paper, 2008, https://www.imf.org/external/pubs/ft/wp/2008/wp08102.pdf EESC-2015-00672-00-00-TCD-TRA (EN) 2/7 measurement is different. According to the OECD, informality in the LAC region is not only a matter of tax evasion. It is a much more complex phenomenon described as a "pick and mix" approach, meaning that firms and workers are rarely either entirely formal or informal. The size of the informal economy in Latin America and Caribbean countries is really diverse. Informal sectors in Argentina and Chile are relatively small in comparison to other Latin American countries whereas they are huge in Brazil and Peru (extreme case with 56.1% of its workforce involved in the informal sector). There is the same diversity in the Caribbean region: St Vincent & Grenadines has the largest informal sector (50.6% of GDP) and the Bahamas the smallest (15.9% of GDP). Traditionally, the informal economy played an important role in the Caribbean, especially for the agricultural sector. Nowadays, the Caribbean economy is more services oriented but the informal economy is still one of its important features. The informal economy in Latin America is characterised by a high level of informal urban employment. This phenomenon grew in the 1970s due to the significant number of internal migrants to urban areas. Between 1970 and 2008, urban informal employment increased at a rate of 4.4% per year in average. The share of the informal economy was also impacted by structural adjustment programmes during the 1980s. Possibilities of public employment diminished, low demand restricted formal job offers and the low presence of the State limited its capacity to make the law respected. According to the ILO, 47.7% of urban workers in Latin America and the Caribbean are currently working in the informal economy. Informal workers in the LAC region share some common features: High proportion of individuals who did not finish secondary school. High proportion of women. Moreover, inequalities between men and women are deeper in the informal sector. For example, in Central American countries, there is a 25% earnings gap between women and men working in the informal sector whereas this gap is 10% in the formal sector. High proportion of young and older people. For young people, an informal job can be part of a transitional period before having opportunities in the formal sector. High proportion of Indigenous people who generally have less access to secondary education. Most informal jobs are precarious, linked to low productivity and non-respect of labour rules. For instance, in Brazil and in Argentina, 1/3 of informal workers are poor. EESC-2015-00672-00-00-TCD-TRA (EN) 3/7 The informal economy in the European Union In 2012, the size of the underground economy in the EU27 is estimated to be around 18.4% of GDP5. The share of the informal economy varies among EU Member States from Austria (7.6% of GDP) to Bulgaria (31.9% of GDP). Again, these numbers only take into account undeclared legal activities. Measuring illegal activities in the EU is indeed difficult as some activities are authorised in some countries and forbidden in other ones (ex: diversity of status of prostitution in Europe, from legal and regulated to the illegal sector). Not only the size but also the structure of the informal economy is different among EU Member States. In Europe, tax evasion and social fraud are the main undeclared activities. Catering and construction sectors are the most affected by the informal economy in the EU. Fiscal revenue losses in the EU due to the informal economy is estimated at around EUR 860 billion, the equivalent of 17.6% of public expenses in the EU6. The consequences of the economic crisis on the informal economy in Europe are still unclear. The economic crisis could contribute to the increase of the size of the undeclared economy (less formal job offers available and the determination of firms to save costs by replacing formal work by undeclared work). On the other hand, the economic crisis reduced demand and impacted more traditional sectors where undeclared work is concentrated (construction, catering…). It seems however that there is a correlation between austerity measures and the growth of the size of the informal economy. One of the main difficulties for the EU is the lack of a coherent approach to tackle the informal economy in Europe. Several initiatives to fight the informal economy were thus developed recently. In 2010, the Europe 2020 Strategy for Smart, Inclusive and Sustainable Growth was launched. Within this framework, moving from the informal economy to regular employment is presented as a way to create jobs. Informal economy and undeclared work issues are specifically addressed in the April 2012 Employment Package which includes some of the initiatives presented in the Europe 2020 strategy. Other EU initiatives have an impact on the informal economy and more specifically on undeclared work, like anti-fraud or immigration policy. In April 2014, the European Commission proposed a decision on setting up a European Platform on the prevention and deterrence of undeclared work (COM(2014)221)7. Its main objective is to improve cooperation between Member States. This platform would bring together various national enforcement bodies involved in the fight against undeclared work and would provide a forum for 5 Friedrich Schneider and Colin C. Williams, The Shadow Economy, The Institute of Economic Affairs, 2013 http://www.iea.org.uk/sites/default/files/publications/files/IEA%20Shadow%20Economy%20web%20rev%207.6.13.pdf 6 Gilbert Koenig, Economie souterraine et finances publiques dans l'Union européenne, 2014 http://opee.unistra.fr/IMG/pdf/article-4.pdf 7 http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2014/0124%28COD%29&l=en#tab-0 EESC-2015-00672-00-00-TCD-TRA (EN) 4/7 discussions between experts on the subject. It would explore national and EU tools to deal with shared problems. The EESC delivered an opinion on that topic: opinion SOC/511 on the Proposal of the European Parliament and of the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work. The proposal for a decision is now awaiting committee decision in the European Parliament and the 1st reading in EP plenary should be in May 2015. The EU is also fighting the informal economy in its partner countries. For instance, in its Communication on the role of the private sector in achieving inclusive and sustainable growth in developing countries (May 2014), the European Commission says that EU programmes and partnership with third countries "have to be designed in ways that contribute to poverty reduction, for instance through decent job creation, better labour conditions and a progressive transition from the informal to formal economy." Civil society input on the issue of the informal economy The EESC wrote two opinions on the issue of the shadow economy and undeclared work. Mr Palmieri was rapporteur for both of them. Opinion SOC/480, A strategy against the shadow economy and undeclared work, 21/01/2014. In this opinion, negative consequences (distorted competition, poor working conditions, fall of tax and social security incomes…) of the shadow economy are underlined and several measures to fight undeclared work are proposed: Simplifying administrative measures Tightening controls Encouraging growth of SMEs Regulating new forms of work Monitoring compliance with social security requirements by appropriate indicators Reducing social acceptability of the shadow economy Opinion SOC/511 on the Proposal of the European Parliament and of the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work, 10/09/2014 The EESC welcomed the project of the European Platform of the European Commission and underlined the importance of the mandatory involvement of all Member States in this mechanism. The EESC would be in favour of making the Platform able to make recommendations on legislation. The EESC also called for the social partners and civil society organisations with expertise in the problem of undeclared work to take part as of right. The EESC believed it should also have observer status on the platform. EESC-2015-00672-00-00-TCD-TRA (EN) 5/7 The EESC also addressed more specifically the issue of the informal economy in Latin America. Opinion REX/325, Social Economy in Latin America", 22/02/2012, Mr Cabra de Luna was rapporteur for this opinion. The informal economy is an immense issue in Latin America, leading to unemployment, underemployment and poor working conditions. The informal economy is endemic amongst women, young people, indigenous people, people of African origin and people with disabilities. The social and solidarity economy is an effective tool to fight informality as it legalises the situation of people and enterprises and provides them with social protection. Trade unions and social partners can play a key role in developing institutional systems to combat legal irregularities and fraud resulting from the informal economy. Conclusions and recommendations Many international organisations prepared recommendations to support the transition from the informal to the formal economy, with the objective of reaching sustainable and inclusive growth. The ILO's document The informal economy and decent work: a policy resource guide supporting transitions to formality8 is thus particularly useful. Upgrading undeclared workers' conditions and limiting workers' need to enter the informal economy Raising salaries that are often too low/develop social transfers for low income households/ extend unemployment insurance in order to avoid people undertaking a second activity in the informal sector. Social protection mechanisms covering undeclared workers must be developed to fight poverty. To develop social protection mechanisms, the implementation of several coordinated instruments is needed. Developing education and training to offer immediate upgrading of workers' situation in the informal economy as well as the possibility of moving out of informality. Already existing training programmes should be open to workers from the informal economy. Fighting against inequalities between men and women. The informal economy is composed of both men and women, but women are generally working in the most vulnerable segments of the informal economy. To open up employment opportunities for women, education for girls and women's access to resources must be improved. Fighting discrimination against migrants. 8 ILO, The informal economy and decent work: a policy resource guide supporting transitions to formality, 2013 http://www.ilo.org/wcmsp5/groups/public/---ed_emp/---emp_policy/documents/publication/wcms_212689.pdf EESC-2015-00672-00-00-TCD-TRA (EN) 6/7 Limiting the informal economy's benefits for firms Tightening controls and making existing penalties more efficient and effective. Reinforcing labour inspection bodies to ensure the application of labour legislation. Simplifying administrative and tax procedures, reducing costs of business registration. Supporting SMEs which are a strong force for job creation around the world. It also includes encouraging compliance with labour legislation in SMEs (facilitating registration, improving access to credit, fair taxation…). SMEs should see formality as an opportunity for greater access to markets and growth. Microfinance is a way to support the transition to formality. It enables informal workers to access resources in a flexible way while also being regulated. Key role of social dialogue and civil society organisations The representation of informal workers in workers' organisations remains extremely limited. This reinforces the lack of legal and social protection of these workers. Governments have a role to play in creating an environment enabling social dialogue for all workers, without fear of reprisal (freedom of association, collective bargaining of all workers and employers…). Employers' organisations can offer policy guidance on how to address the informal economy and how to reach informal economy employers. Informal workers are often workers performing work on own-account or for really small enterprises. It is consequently difficult to gather them in an organisation. However, trade unions can develop initiatives directed to informal workers. For instance, Peru created a new federation of informal economy workers in 2006 (FENTRIAAP). All these measures need to be well balanced to avoid inverse effects. Regular monitoring and review of existing programmes are important. Bénédicte Charbonnel B.1 – REX EESC-2015-00672-00-00-TCD-TRA (EN) 7/7