Brussels, 26/04/2013 (Agence Europe) - Starting from the observation that there is a real lack of knowledge of European rules on worker mobility, the European Commission presented a new directive on Friday 26 April, that includes a series of measures “to ensure the better application of EU law” for working in another member state. This is a form of reply from the Commission to several debates on social issues that have recently shaken the EU.
The free movement of workers is perhaps one of the key principles of the EU single market, but it is - with the rights that flow from it - quite simply not known, both by migrant workers and by employers. If the Commission today wants to clarify this situation, it is because the context lends itself well to it. This is not necessarily the case with the political context - as is shown by the debates on “tourism for social allowances” (see EUROPE 10835) and on the opening of the British market to Romanian and Bulgarian workers (see EUROPE 10821) - but it is certainly the right economic context. This, at least, is the opinion of European Commissioner for Employment, Social Affairs and Inclusion Laszlo Andor, who has argued for the mobility of European workers by calling it a “win-win” situation because “it benefits both member states' economies and the individual workers concerned”. This mobility moreover represents the vast majority of intra-European migration, he said on Friday 26 April.
Around 10 million Europeans - about 3% of the EU workforce - work in another member state. This is not enough, in the Commission's view, especially in relation to the unemployment rates that are so different between the member states. Eurostat (the statistical office of the EU) points this out every month - the biggest difference is 21% (between Austria and Greece). The potential, therefore, exists for increasing intra-European migration, and the existence of this potential is further confirmed by the Commission speaking of “numerous complaints” on the part of workers who criticise the obstacles to working in another member state, including the fact of being discriminated against due to their nationality. This situation can be changed, in the Commission's view, as the Commission considers that the brakes are put on this mobility today principally through “a persistent problem with public and private employers' lack of awareness of EU rules, regardless of whether the national legislation is compliant or not”.
The Commission therefore wants to tackle the application of two key principles - that of non-discrimination on the basis of nationality for employment, salary and working conditions (Article 45 of the Treaty on the Functioning of the EU) and that of the right of free movement of workers (Regulation 492/2011). The new proposal for a directive calls on the member states to put the following measures in place: - to create national contact points to supply information, assistance and advice to migrant EU workers and to employers on their rights; - to provide “appropriate means” for compensation procedures at national level; - to allow unions and organisations (especially non-governmental) to start legal and administrative proceedings on behalf of individual workers; - to give better information to all the relevant players.
The principle that underpins these proposals is that of better informing people so that they can better defend themselves. The obstacles are legion for the Europeans who want to apply for work in another member state, even if this right is guaranteed by European laws that are “long-established, clear and non-negotiable”, Andor stated. These obstacles often go against EU law, and the Commission provides several examples of them, which are particularly targeted by this new proposal for a directive - different recruitment conditions for citizens and migrants; restrictions on the basis of nationality for access to certain posts; quotas for nationals (the world of sport); privileges for nationals in the access to certain social advantages (grants); not taking account of professional experience or qualifications which were obtained abroad.
A final example mentioned by the Commission chimes perfectly with the current European reality. One of the discriminatory practices consists of implementing different working conditions for nationals and migrants, especially with regard to remuneration. This is an example which brings to mind the situation recently highlighted by Belgium when it denounced “social dumping” in Germany (see EUROPE 10826) where, it is claimed, Romanian and Bulgarian workers in the meat sector are under-paid and suffer discrimination. (JK/transl.fl)