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BackThis week, the European Parliament discussed a new proposal of the EU Commission on the freedom of movement for workers. However, anybody hoping for further development concerning the rights of EU migrant workers will be disappointed. The actual issue is to facilitate the exercise of already existing rights. An approach which, even though it is to be welcomed, is clearly inadequate and will, from the point of view of the Chamber of Labour, contribute little to prevent the discrimination against EU migrant workers.
Member States shall provide better information on the rights of EU migrant workers
The competent committee of the European Parliaments discussed for the first time the draft report on the proposal for a directive on the freedom of movement for workers. Due to the fact that MEPs are aware of the limited room for manoeuvre and therefore any further development of the rights of workers is not really open to debate, the discussion was relatively short, as was the draft report of the rapporteur. The MEPs agreed that stemming discrimination based on nationality, removing the discrepancy between recognised rights and practice as well as strengthening EU migrant workers in assuming their rights, are important issues. It was also clear to everybody that because of this, in particular mobile employees had to be better informed, advised and supported in respect of enforcing their rights. Practice clearly shows that migrant workers are generally significantly less well informed about their rights and normally not familiar with local conditions.
AK: further development of the rights of EU migrant workers would be desirable
However, from the point of view of the Chamber of Labour it would be desirable if the rights of EU migrant workers would be subject to further development. This would include, for example, the right to be issued with comprehensible and understandable payslips or the mandatory handing over of working time records to make the assertion of claims from an employment relationship easier. Language problems and the geographical distance of the place of residence often mean that high costs are incurred prior to asserting any claims. At least in case that judgment is obtained with regard to wage arrears to be subsequently paid, it should be made clear that the employee has a right to be compensated for any costs he or she incurred (in particular interpretation, consultation and travel expenses). Unfortunately, the discussions are not concerned with the aspects mentioned; however, they should be taken up by the European Parliament and the EU Commission should be urged to consider the further strengthening of rights of migrant workers and to act accordingly.
Negotiations between EU Council and European Parliament to be concluded within this legislative period
Parallel to the negotiations in the European Parliament, the Directive is also debated at Council level. Both Parliament and Council intend to have the dossier signed, sealed and delivered by the end of the legislative period. An enterprise, which is not unrealistic, as well informed circles let it be known that no major opposition is to be expected at Council level.
Further information:
Draft report of the European Parliaments on the Directive proposal of the EU Commission
AK position on the Directive proposal of the EU Commission
The competent committee of the European Parliaments discussed for the first time the draft report on the proposal for a directive on the freedom of movement for workers. Due to the fact that MEPs are aware of the limited room for manoeuvre and therefore any further development of the rights of workers is not really open to debate, the discussion was relatively short, as was the draft report of the rapporteur. The MEPs agreed that stemming discrimination based on nationality, removing the discrepancy between recognised rights and practice as well as strengthening EU migrant workers in assuming their rights, are important issues. It was also clear to everybody that because of this, in particular mobile employees had to be better informed, advised and supported in respect of enforcing their rights. Practice clearly shows that migrant workers are generally significantly less well informed about their rights and normally not familiar with local conditions.
AK: further development of the rights of EU migrant workers would be desirable
However, from the point of view of the Chamber of Labour it would be desirable if the rights of EU migrant workers would be subject to further development. This would include, for example, the right to be issued with comprehensible and understandable payslips or the mandatory handing over of working time records to make the assertion of claims from an employment relationship easier. Language problems and the geographical distance of the place of residence often mean that high costs are incurred prior to asserting any claims. At least in case that judgment is obtained with regard to wage arrears to be subsequently paid, it should be made clear that the employee has a right to be compensated for any costs he or she incurred (in particular interpretation, consultation and travel expenses). Unfortunately, the discussions are not concerned with the aspects mentioned; however, they should be taken up by the European Parliament and the EU Commission should be urged to consider the further strengthening of rights of migrant workers and to act accordingly.
Negotiations between EU Council and European Parliament to be concluded within this legislative period
Parallel to the negotiations in the European Parliament, the Directive is also debated at Council level. Both Parliament and Council intend to have the dossier signed, sealed and delivered by the end of the legislative period. An enterprise, which is not unrealistic, as well informed circles let it be known that no major opposition is to be expected at Council level.
Further information:
Draft report of the European Parliaments on the Directive proposal of the EU Commission
AK position on the Directive proposal of the EU Commission