In a joint letter dated 4 September, the French and German Governments set out their expectations of the package on ‘fair mobility’ for workers, due to be unveiled in the second quarter of 2026.
This letter is based in particular on the recommendations of a Franco-German expert group on the future of work, bringing together the two governments as well as the social partners, trade unions and employers’ organisations from both countries.
“We greatly value the close cooperation with these social partners and recognise the importance of ensuring fair and equitable conditions in labour mobility”, explain the competent Ministers - who have since resigned in France’s case - in this letter seen by Agence Europe.
“The social partners and Governments of Germany and France highlight the importance of fair labour mobility in the Single Market for both employers and workers, and free movement of persons”, they write in a non-paper.
Fair labour mobility is “indissociable of the EU’s thrive for upward social and economic convergence within and between Member states, the EU values of equal treatment and nondiscrimination, and the EU’s competitiveness”.
The Fair Labour Mobility package should therefore be seen as a continuation of previous initiatives to ensure a level playing field for European businesses.
In particular, the signatories insist on strengthening cross-border information exchange and interoperability through digital means, improving the information provided to employers and workers, and ensuring respect for workers’ rights, for example by labour inspectorates and authorities.
Urgent adoption of a compromise on 883/2004. “We support concrete measures which improve information provision and support mechanisms, simplify administrative procedures, ensure data comparability, increase coordination between national administrations and improve enforcement and implementation of common rules”.
In this regard, “we jointly call for the urgent adoption of a ‘balanced compromise on the revision of the Regulation on the coordination of social security’ (Regulation 883/2004), (to) introduce the future European social security passport (ESSPASS), (to) explore synergies between existing digital solutions in the areas of labour law and social security”.
They also ask to ensure that “the European Labour Authority (ELA), with adequate resources and a clear mandate, effectively carries out its mission, with the support of national labour inspectorates”, and to examine, on the basis of evidence, how to meet the existing challenges in subcontracting chains. However, the document does not mention the type of tool preferred, whereas the European Parliament is calling, for example, for a directive on subcontracting and a limit on the number of players.
There is also a “need for greater legal clarity regarding the posting of third-country nationals”, says the Franco-German group. (Original version in French by Solenn Paulic)