France is counting on the forthcoming Cypriot Presidency of the Council of the EU to find a solution to the problem of revising the Regulation coordinating social security rules (883/2004) and bring to a successful conclusion an issue that has been on the table since 2016, but which has stalled over issues of protection for the construction sector and responsibility for paying unemployment benefits to cross-border workers.
An event co-organised with the think-tank CEPS (Center of European Policy Studies) on Tuesday 2 December in Brussels brought together the German rapporteur Gabi Bischoff (S&D), the future Cypriot Presidency of the Council of the EU, which wants to work on the issue again, the Vice-President of the Commission, Roxana Mînzatu, and representatives of the European social partners to discuss the problems associated with worker mobility, from fraud and lack of control over postings, including those of workers from third countries, to administrative constraints on postings and difficulties in recognising professional qualifications.
The European Parliament rapporteur reiterated her “three guiding principles”: fairness; proper application of the Regulation, with a European Labour Authority that can be given a strong mandate; and the digitalisation of the coordination of social security rules, which should make mobility even easier.
“I remain convinced that we can break the deadlock and reach a balanced compromise”, said the rapporteur. And “it is essential to recognise that some sectors – the construction industry, for example – are more vulnerable than others”.
For his part, Maxime Cerutti, the representative of BusinessEurope, also said that he hoped for an agreement in the coming months; the exemptions from prior notification for most short-term postings, in particular, are an important step forward.
BusinessEurope is also hoping for an agreement on the e-declaration of the posting of workers, but has also warned the Commission that the solution to making mobility fairer will not necessarily involve new legislation adding to the administrative burden.
The representative cited subcontracting chains in particular, which a study presented the same day showed could reach seven different levels of responsibility. While Parliament is in favour of limits, BusinessEurope rejects binding rules.
“The possibility of putting in place a fair system of labour mobility is above all a question of the future of the EU project, which is based on the freedom to work and move freely”, summarised Roxana Mînzatu.
Earlier, the European Labour Authority had highlighted the difference between the US and the EU, with worker mobility 10 times higher on the other side of the Atlantic and a number of obstacles that could also be removed within the internal market.
Ms Mînzatu insisted on three pillars for the ‘883’: individual fairness for workers, who must be able to move without losing their rights; financial fairness between host and home Member States; and simplification of administrative procedures “without abandoning our standards”.
The Vice-President is hoping for as broad an agreement as possible, while 14 to 15 Member States are currently in support, and others are concerned about the financial impact of such a reform. (Original version in French by Solenn Paulic)