Brussels, 17/03/2011 (Agence Europe) - Non-EU workers should have the same rights as those enjoyed by EU nationals when it comes to working hours, leave and social security, the European Parliament employment committee states. Nonetheless, MEPs have made it clear that member states may choose to allow tax benefits only when workers' family members live in the same country. They backed the Commission's proposal to exclude posted workers from the scope of the legislation.
On Tuesday 15 March, members of the EP committee on employment and social affairs adopted the amendments by 33 to 12 votes and one abstention. The amendments will be put to the vote, together with amendments by the EP civil liberties committee adopted on 3 February during the plenary session in Brussels on 24 March.
Addressing the employment committee, the rapporteur, Alejandro Cercas (S&D, Spain), stressed that the conflict with the civil liberties committee only concerned the interpretation of the regulation. “We must stand united in our insistence on the need for working and social conditions. Disagreement or agreement will be on these conditions”, he said, calling for them to “very broadly reach an agreement in committee and prevent others from interfering in areas where they do not have competence. Compromise is necessary”.
Context. The single permit directive also aims to streamline administrative procedures for all potential immigrants who wish to live and work in an EU member state, by allowing them to obtain work and residence permits through a single procedure. This would also confer a standard set of rights on non-EU workers comparable to those enjoyed by EU citizens, such as minimum working conditions, recognition of education and professional qualifications and access to social security, the EP underlines in a press release.
On 14 December 2010, after approving a series of amendments to the Commission proposal, MEPs rejected the amended text in their final vote (306 votes to 350 and 25 abstentions). The Commission chose not to withdraw the proposal, so it was referred back to the civil liberties committee, while the employment committee, which has associate status for this legislation, also deliberated its amendments, focusing on equal treatment at the workplace and with regards to social security.
Equal treatment. The EP points out that, according to the original proposal, employed non-EU workers would receive equal treatment with EU nationals as regards pay and dismissal, health and safety at work and the right to join trade unions. On Tuesday 15 March, the employment committee voted to delete the reference to employment and wants to extend those rights to equal working time and leave, while clarifying workers' access to social security and tax benefits. For example, workers would be able to claim benefits if they are tax resident in the member states of employment but this would be limited to cases where family members also live in the same country.
Social security and pensions. Member states would be able to restrict family benefits and unemployment benefits to workers with a permit valid for at least six months. Individuals who have been admitted for the purpose of study would not be able to claim unemployment benefits. Non-EU workers would be able to receive their pensions when moving back to their home country if there is a bilateral agreement between the member state where they were working and their home country.
Vocational training and education. The EP notes that, according to a compromise amendment approved by the committee, vocational training and education could be limited to employed or recently employed non-EU workers. Individuals residing in the EU will be excluded, while workers who would like to obtain a degree not directly linked to their jobs may be required to demonstrate language proficiency.
Who is not covered? The draft law was not intended to cover long-term residents, refugees and posted workers (who are already subject to other EU rules), seasonal workers or intra-company transferees (who will be covered by other European directives). (G.B./transl.jl)