Brussels, 05/02/2014 (Agence Europe) - In Strasbourg on Wednesday 5 February, the European Parliament gave the go-ahead to the directive on seasonal workers from non-EU countries. This is expected to improve the rights and working conditions for migrants.
By adopting (498 votes for, 56 against and 68 abstentions) the report by Claude Moraes (S&D, United Kingdom), Parliament is putting into practice the agreement reached with the Council at the end of October and approved in mid-November by the European Parliament civil liberties committee. Although a number of charities believe that this agreement required further improvement (see EUROPE 10963), the compromise does, however, contain a number of improvements, they acknowledged the day after the committee vote. The directive should ensure that the 100,000 seasonal workers who work every year (according to European Commission estimates) in the EU are not exploited but still allows member states to set quotas on the number of immigrant workers their countries.
According to the rules adopted, each member state will be required to fix a maximum length of stay for non-EU seasonal workers, of between 5 and 9 months over a 12-month period. Any application to enter the EU as a seasonal worker will have to include a work contract or a binding job offer specifying essentials such as pay and working hours. It will also have to include evidence that the worker will have appropriate accommodation. “Where accommodation is arranged by the employer, the rent must not be excessive or be automatically deducted from a worker's wage”, says the text.
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, and advice on seasonal work offered by employment offices and other public services, except for public housing. They will not, however, be eligible for unemployment benefit.
Employers in breach of their obligations will face “effective, proportionate and dissuasive” penalties and will have to compensate the seasonal worker concerned. Sub-contractors may also face penalties. Employers could also be banned from employing seasonal workers. Penalties will be decided by the member states, which will also have to ensure that the rules are respected by means of inspections, as stipulated in national law. Member states have two and a half years to transpose this directive, which will constitute one of the first legal migration instruments adopted by the EU. Speaking on behalf of the EPP, Alain Cadec (EPP, France) said that “this is a first step to getting rid of social dumping in Europe. Seasonal work has often led to unfair competition. The European Union must continue along this road”. (SP/transl.fl)