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The EU Commission has long been planning a Directive on seasonal migrants. The intention is to present it now mid July. There is already a first unofficial draft Directive of which first details have already been leaked. The EU Commission has established an urgent demand for seasonal migrants in the EU. Its main argument is an imminent labour shortage in the EU and the fact that seasonal work is regarded as unattractive in the EU.

EU intends to support circular migration

With its planned proposal on seasonal migrants, the Commission intends to meet its obligation to implement the Policy Plan on Legal Migration from the year 2005. This includes a number of proposals with regard to the immigration of third-country workers. The Directive on the admission of seasonal migrants should have been presented a long time ago, however, due to the ongoing financial, economic and also employment crisis, its publication has been postponed time and again. The plan is now to publish it mid July. The Commission sees the Directive on the admission of seasonal migrants as something completely positive.  After all, it works on the assumption that the “exchange” of seasonal migrants between the EU and the rest of the world would result in a knowledge transfer, which would benefit both sides. What is ignored, however, is the problem of return migration associated with it. The Commission argues that all seasonal migrants have to return to their home country. Although this is true in theory, the reality is quite different.

No obligation of the Member States to admit seasonal migrants

In order to be admitted to the EU labour market as a seasonal migrant, the Commission includes a number of criteria in its proposal, which should apply in the entire EU. Until now, each Member State has established its own rules for admitting seasonal migrants to the local labour market. In accordance with the Commission, the migrant must be in possession of a valid contract of employment or a binding commitment. In addition, wage and working hours have to be agreed with the seasonal migrant. Interesting is the fact that the Member States are able to oblige the employer to provide seasonal migrants with adequate accommodation. The work permit will be issued for a maximum of six months in one calendar year. At the request of the seasonal migrant it is, however, possible to issue a valid permit for three seasons. The labour law and social legislation obligations result from the respective Member State for which the work permit, with a few exceptions, has been issued. It is, however, at the discretion of the Member States whether they want to admit seasonal migrants at all. There is no relevant obligation. What is interesting is the fact that the Member States are instructed to make sure that in case of disputes the rights of seasonal migrants can be represented by third parties.

Criticism at the planned seasonal migrant proposal to be expected

Already last year, the European Trade Union Confederation has clearly come out against a Directive on the admission of seasonal migrants, in particular in times of an employment crisis. The Chamber of Labour has rejected the approach of circular migration, which has been demanded by the Commission years ago already. Hence, the EU Commission can expect a strong front against a planned Directive on the admission of seasonal migrants. Since the Treaty of Lisbon, the European Parliament has now also the authority to take decisions in migration matters and will, as already done by the Council, address the subject matter in detail.

Further Information:

AK Position Paper on circular migration