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BackAfter almost four years of negotiations, uniform and EU-wide regulations have been adopted for seasonal workers, who are third country nationals. This week, the European Parliament voted on the compromise negotiated with the Council, thereby preparing the way for its imminent national implementation. The objective of the regulations for the ca. 100,000 seasonal workers, who come to Europe each year in order to work, is to protect these against exploitation and unacceptable working conditions. The negotiated result will not solve all problems, but it is a step in the right direction.
Politically sensitive Directive on seasonal workers sets new EU minimum standard
Europe suffers from record unemployment. To adopt regulations for seasonal workers, who are third country nationals, at this moment in time may seem a strange decision to many. Could seasonal jobs not be filled with EU citizens looking for work? However, when the EU Commission presented its proposal four years ago, it already argued that the EU would need seasonal workers as there were not enough EU workers prepared to do this kind of work. Until now, each Member State made its own decisions as to which rights to grant seasonal workers. However, the EU now has put an end to this as the newly adopted Directive is setting a uniform and EU-wide minimum standard for all seasonal workers coming to Europe.
New Directive shall be a ‘declaration of war’ against wage and social dumping
The newly adopted Directive does indeed bring many improvements for the people concerned and shall be a ‘declaration of war’ against wage and social dumping. For example, in future all seasonal workers shall be provided with accommodation, which guarantees a reasonable standard of living. If accommodation has been arranged by or via the employer, its rent shall be in reasonable proportion to the remuneration of the seasonal worker and the quality of the accommodation. Apart from that, rent shall no longer be automatically deducted from the seasonal worker’s wages. Furthermore, it has to be guaranteed that the principle of equal treatment compared to workers, who are nationals of the host Member State (equal wages for equal work) is observed. Hence, collective agreements as well as other agreements on working conditions, which were concluded in accordance with national legislation and customs or which have been provided by law and which apply to nationals of the host Member State, shall also apply to seasonal workers.
Member States may carry out Labour market checks
The new Directive allows Member States to consider their own labour market situation in order to establish whether a job could not be filled with domestic workers. Member States shall also be able to take the situation of their own labour market into account when decisions on extending the stay or renewing the labour permit for seasonal workers have to be made. A demand, which time and again has been raised by the Chamber of Labour. The original idea that a labour permit can be issued for several seasons, has been dropped. This too reflects the demands of the Chamber of Labour. It is also welcome that Member States can request for example that only public employment services may place seasonal workers. However, the decision, as to how many non-EU citizens may enter a country as seasonal workers will continue to remain with the Member States. Each Member State may determine a maximum stay for seasonal workers, which may be between five and nine months per year.
The next steps
Following the fact that the Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment has been adopted in the EU Parliament with 498 votes in favour, 56 votes against and 68 abstentions, the ball is now in the corner of the Member States. They have to implement the new regulations within two and a half years.
Further information:
Report on the proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment.
Europe suffers from record unemployment. To adopt regulations for seasonal workers, who are third country nationals, at this moment in time may seem a strange decision to many. Could seasonal jobs not be filled with EU citizens looking for work? However, when the EU Commission presented its proposal four years ago, it already argued that the EU would need seasonal workers as there were not enough EU workers prepared to do this kind of work. Until now, each Member State made its own decisions as to which rights to grant seasonal workers. However, the EU now has put an end to this as the newly adopted Directive is setting a uniform and EU-wide minimum standard for all seasonal workers coming to Europe.
New Directive shall be a ‘declaration of war’ against wage and social dumping
The newly adopted Directive does indeed bring many improvements for the people concerned and shall be a ‘declaration of war’ against wage and social dumping. For example, in future all seasonal workers shall be provided with accommodation, which guarantees a reasonable standard of living. If accommodation has been arranged by or via the employer, its rent shall be in reasonable proportion to the remuneration of the seasonal worker and the quality of the accommodation. Apart from that, rent shall no longer be automatically deducted from the seasonal worker’s wages. Furthermore, it has to be guaranteed that the principle of equal treatment compared to workers, who are nationals of the host Member State (equal wages for equal work) is observed. Hence, collective agreements as well as other agreements on working conditions, which were concluded in accordance with national legislation and customs or which have been provided by law and which apply to nationals of the host Member State, shall also apply to seasonal workers.
Member States may carry out Labour market checks
The new Directive allows Member States to consider their own labour market situation in order to establish whether a job could not be filled with domestic workers. Member States shall also be able to take the situation of their own labour market into account when decisions on extending the stay or renewing the labour permit for seasonal workers have to be made. A demand, which time and again has been raised by the Chamber of Labour. The original idea that a labour permit can be issued for several seasons, has been dropped. This too reflects the demands of the Chamber of Labour. It is also welcome that Member States can request for example that only public employment services may place seasonal workers. However, the decision, as to how many non-EU citizens may enter a country as seasonal workers will continue to remain with the Member States. Each Member State may determine a maximum stay for seasonal workers, which may be between five and nine months per year.
The next steps
Following the fact that the Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment has been adopted in the EU Parliament with 498 votes in favour, 56 votes against and 68 abstentions, the ball is now in the corner of the Member States. They have to implement the new regulations within two and a half years.
Further information:
Report on the proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment.