News
BackLast week, the European Parliament held a Hearing on Legal Migration to Europe and carefully examined the new Directive proposals of the EU Commission on seasonal work and on the intra corporate transfer of third country nationals. Also discussed were the now available working documents of the rapporteurs on the proposals. There did not seem to be any major opposition among the participants.
EP commenced work after some delay
In July last year, the EU Commission presented the Directive proposals on seasonal work and on the intra corporate transfer of third country nationals to Europe. Some time has passed since then. The Council had commenced its work shortly after the presentation. Not so the European Parliament. It took until April 2011 to settle the internal conflict in respect of the competence within the European Parliament. Originally, the Committee on Civil Liberties, Justice and Home Affairs (LIBE) had declared sole responsibility for both draft Directives. However, the Committee on Employment and Social Affairs (EMPL) claimed at least co-responsibility for itself, as both Directives would definitely also affect the EU labour market - not without good reason. Only recently agreement had been reached on the shared responsibility of both Committees. Now work can commence at last - with a big delay. The Hearing was the initial prelude, where the long awaited working documents were presented for the first time.
Moraes: the construction industry could be exempt from the scope of the Directive
The rapporteur for the Seasonal Workers Directive, Claude Moraes, remarked that he was convinced of the necessity of the Directive. He spoke in favour of equal treatment for third country nationals in the EU Labour market to prevent remuneration and working conditions from being undermined. One had to think critically, said Moraes, which economic areas should fall within the scope of the Directive. This is not addressed in the Directive. This could mean that for example also the construction industry, an industry, which certainly is not dependent on seasons to such a degree, would be included in the scope. Moraes also sees in the Directive proposal the opportunity of creating a system of circular migration, where third country nationals, who have their residence outside the EU, come to the EU for a few months to work; afterwards they return to their country of residence. The Chamber of Labour rejects the system of circular migration because in our opinion and based on previous experiences, return migration does not work.
Inter corporate transfer has advantages for companies
The rapporteur for the Directive on intra corporate transfer, Salvatore Iacolino, addressed the admission requirements, the definition, the area of responsibility and the length of residence when he presented his working document. He would share the objectives and endeavours of the Commission’s proposal in principle; however, he emphasised the necessity of including some appropriate changes in order to define the scope and the meaning in more detail. Iacolino also came out in favour of swift and speedy parliamentary proceedings. However, that might be a long way off as a preliminary plan only provides for a vote on both reports in the European Parliament in October 2011. Until then, agreement should be reached also with the Council.
Further information:
AK position paper on the proposal for a Directive on seasonal employment
AK position on the proposal for a Directive on intra corporate transfer
Working document on the proposal for a Directive of the European Parliament and the Council on the conditions of entry and residence of third country nationals in the framework of an intra corporate transfer (Iacolino)
Working document 1 on the proposal for a Directive of the European Parliament and the Council on the conditions of entry and residence of third country nationals for the purpose of seasonal employment (Moraes)
Working document 2 on the proposal for a Directive of the European Parliament and the Council on the conditions of entry and residence of third country nationals for the purpose of seasonal employment (Moraes)
In July last year, the EU Commission presented the Directive proposals on seasonal work and on the intra corporate transfer of third country nationals to Europe. Some time has passed since then. The Council had commenced its work shortly after the presentation. Not so the European Parliament. It took until April 2011 to settle the internal conflict in respect of the competence within the European Parliament. Originally, the Committee on Civil Liberties, Justice and Home Affairs (LIBE) had declared sole responsibility for both draft Directives. However, the Committee on Employment and Social Affairs (EMPL) claimed at least co-responsibility for itself, as both Directives would definitely also affect the EU labour market - not without good reason. Only recently agreement had been reached on the shared responsibility of both Committees. Now work can commence at last - with a big delay. The Hearing was the initial prelude, where the long awaited working documents were presented for the first time.
Moraes: the construction industry could be exempt from the scope of the Directive
The rapporteur for the Seasonal Workers Directive, Claude Moraes, remarked that he was convinced of the necessity of the Directive. He spoke in favour of equal treatment for third country nationals in the EU Labour market to prevent remuneration and working conditions from being undermined. One had to think critically, said Moraes, which economic areas should fall within the scope of the Directive. This is not addressed in the Directive. This could mean that for example also the construction industry, an industry, which certainly is not dependent on seasons to such a degree, would be included in the scope. Moraes also sees in the Directive proposal the opportunity of creating a system of circular migration, where third country nationals, who have their residence outside the EU, come to the EU for a few months to work; afterwards they return to their country of residence. The Chamber of Labour rejects the system of circular migration because in our opinion and based on previous experiences, return migration does not work.
Inter corporate transfer has advantages for companies
The rapporteur for the Directive on intra corporate transfer, Salvatore Iacolino, addressed the admission requirements, the definition, the area of responsibility and the length of residence when he presented his working document. He would share the objectives and endeavours of the Commission’s proposal in principle; however, he emphasised the necessity of including some appropriate changes in order to define the scope and the meaning in more detail. Iacolino also came out in favour of swift and speedy parliamentary proceedings. However, that might be a long way off as a preliminary plan only provides for a vote on both reports in the European Parliament in October 2011. Until then, agreement should be reached also with the Council.
Further information:
AK position paper on the proposal for a Directive on seasonal employment
AK position on the proposal for a Directive on intra corporate transfer
Working document on the proposal for a Directive of the European Parliament and the Council on the conditions of entry and residence of third country nationals in the framework of an intra corporate transfer (Iacolino)
Working document 1 on the proposal for a Directive of the European Parliament and the Council on the conditions of entry and residence of third country nationals for the purpose of seasonal employment (Moraes)
Working document 2 on the proposal for a Directive of the European Parliament and the Council on the conditions of entry and residence of third country nationals for the purpose of seasonal employment (Moraes)