On Thursday 16 July, the European Commission presented new guidelines to reaffirm the rights of seasonal workers from EU countries and non-Member States, both posted workers and other seasonal workers, following the numerous scandals that occurred during the Covid-19 crisis with regard to the precarious nature of their status.
The guidelines complement the guidelines concerning the exercise of the free movement of workers during the Covid-19 epidemic, published on 30 March 2020 (see EUROPE 12457/9), and are a response to a call by the European Parliament in its resolution of 19 June 2020 on the protection of cross-border and seasonal workers (see EUROPE 12510/5).
With regard to the issue of the rights of seasonal workers, the Commission reaffirms the principle of equal treatment and non-discrimination for European workers under Article 45 TFEU and Directive 2014/54/EU. A worker from another Member State has the same rights as nationals with regard to collective agreements on pay, dismissal, and health and safety at work.
With regard to the conditions for admission for seasonal workers from non-Member States, the Commission points out that, since 17 March, there have been restrictions on “non-essential” travel as a consequence of the pandemic. Since then, restrictions have been eased, especially for workers in the agricultural sector.
On the matter of posted seasonal workers, the Commission reaffirms the terms and conditions in the revised Posting of Workers Directive (2018/957): national legislation in the host country and collective agreements apply to posted workers with regard to payment of remuneration, the condition of accommodation and health, safety and hygiene measures applicable at work.
In general terms, the Commission calls on Member States to take the necessary steps to tackle undeclared work by seasonal workers and to make “extensive” use of the European Platform tackling undeclared work. In this respect, the Commission asks Member States to strengthen the field inspections necessary to ensure the proper application of these provisions.
The guidelines can be consulted at: https://bit.ly/2CKu27O (Original version in French by Pascal Hansens)