Brussels, 14/11/2013 (Agence Europe) - There has been progress in improving the working and living conditions for non-EU seasonal workers who come to the EU every year. Exploitation of some of these workers continues, however. This is how immigrant rights NGOs greeted the vote on Thursday 14 November at the European Parliament civil liberties committee on the report by Claude Moraes (S&D, United Kingdom) on the directive on seasonal workers. This vote ratified the agreement reached on 29 October between Parliament and the Council which, inter alia, seeks to improve the social rights and living conditions for non-EU workers who, according to European Commission estimates, number around 100,000 every year.
According ENAR (European Antiracism Network), PICUM (Platform for Cooperation on Undocumented Migrants) and FEANTSA (European Federation of National Organisations Working with the Homeless), the agreement adopted on Thursday clearly improves the living and working conditions of these workers but may, however, lack effectiveness. The NGOs regret the persistent vagueness surrounding the definition of seasonal work, which is still left to the discretion of member states. The three organisations welcomed the fact that seasonal workers coming to work in the EU will have genuine work contracts but regret that greater efforts have not been made to make seasonal jobs available to non-EU nationals already residing in the EU.
Nonetheless, although these NGOs believe there could have been a better agreement, it is progress and at least allows for minimum standards to be introduced in this domain, stated the three organisations on Thursday morning. The positive points include the fact that a request for entry into the EU as a seasonal worker must now include a work contract or firm offer of employment, which stating certain essential employment information, such as wages and working hours. Proof that the worker will enjoy appropriate accommodation will also be included in this agreement. In a press release, the civil liberties committee says that “if accommodation is organised by the employer, the rent charged should not be excessive or automatically deducted from the worker's salary”.
Seasonal workers will also benefit from the same rights as EU nationals with regard to minimum working age, wages, redundancy, working hours, the right to holidays and health care and social security 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, with the exception of public housing. The NGOs regret, however, that they will not have the right to unemployment benefit.
The text of the agreement also states that employers can pay sickness benefit and travel expenses from the place of origin to the place of work and vice versa. This point, has still not been clarified, to the regret of the three organisations, and leaves too much room for interpretation.
According to the compromise, each member state can set out a maximum period of stay for seasonal workers that may be between five and nine months over a twelve month period. Employers who breach their obligations will be subject to “effective, proportionate and dissuasive” penalties and will have to compensate the seasonal worker concerned and sub-contractors may also be subject to penalties. Employers could be prevented from using seasonal workers. The sanctions will be decided on by the member states themselves. They will have to ensure that the rules are properly respected. There will be inspections in line with national legislation.
The plenary vote is scheduled for the beginning of 2014. If the EP validates it, member states will then have 30 months to transpose the new directive. The text was adopted at the committee by 33 votes to 1, with 2 abstentions. (SP/transl.fl)