Brussels, 30/10/2013 (Agence Europe) - The civil liberties committee (LIBE) has announced that, on Tuesday 29 October, the European Parliament (EP) and the Council reached agreement on better reception and working conditions for third country seasonal workers. The commissioner for home affairs and immigration, Cecilia Malmström was delighted with this agreement that is expected to be confirmed next January at the plenary session.
According to LIBE, these rules will both end the exploitation of over 100,000 third-country seasonal workers and prevent temporary stays from becoming permanent. The rules do not affect the quotas of foreign workers set by member states but, among other things, do include the obligation to provide a work contract or firm offer of employment that state wages and working hours, before entry into the EU. The worker must also have decent accommodation. In the event of accommodation being organised by the employer, the rent should not be excessive or automatically deducted from wages.
The text reaffirms the principle of equal treatment: non-EU seasonal workers will have the same rights as EU nationals as regards minimum working age, pay, dismissal, working hours, holidays, and health and safety requirements. They will also have the right to join a trade union and have access to social security, pensions, training, advice on seasonal work provided by employment offices and other public services, except for social housing. The text also says that employers may pay the workers' health insurance and travel costs from the place of origin to the place of work and vice versa.
Each member state will be required to fix a maximum length of stay for seasonal workers, which can be between 5 and 9 months over a 12-month period. Seasonal workers will be able to extend their contracts or change employers within that limit.
Employers in breach of their obligations will face “effective, proportionate and dissuasive” sanctions and will have to compensate the seasonal worker concerned. Sub-contractors may also face penalties. Employers could also be banned from applying for seasonal workers. Workplace inspections will also be carried out and the text of the agreement will be submitted to the civil liberties committee on 14 November.
Malmström welcomed the fact that, after three years of negotiations, the two parties had been able to find common ground, despite their differences. She is hoping that there will be the same determination for a further directive that forms part of the legal migration package, the directive on intra-company transfers. (SP/transl.fl)