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Better protection for seasonal workers in EU
Latest news
04/30/2012
Third-country seasonal workers would enjoy the basic working and living conditions in the EU, such as minimum wage and decent accommodation under draft legislation endorsed by the Committee on Civil Liberties of the European Parliament.
(source: agencies)
Third-country seasonal workers would enjoy the basic working and living conditions in the EU, such as minimum wage and decent accommodation under draft legislation endorsed by the Committee on Civil Liberties of the European Parliament. These rules would tackle exploitation of workers while preventing temporary stays from becoming permanent.
The Commission estimates that over 100,000 third-country seasonal workers come to work in the EU each year. The proposed rules will be the first on seasonal employment at the EU level, but they will not affect the Member States' right to determine admission volumes. Member States should also keep the right to define seasonal work beyond its traditional link to agriculture and tourism activities. This should be done in consultation with social partners and ensuring that all activities have a seasonal aspect. An application to obtain a ''seasonal work permit'' should include a work contract or a binding job offer specifying essential aspects, such as pay and working hours, say MEPs. It should also include evidence that the worker will benefit from adequate accommodation. Rent should not be excessive or automatically deducted from worker's wage. A seasonal worker permit will ensure minimum working conditions and social rights, for example related to pay or safety. Seasonal workers should have the right to join a trade union and have access to social security, pensions and public services, except for public housing and employment services. Travel documents will be issued according to length of the stay: a Schengen visa for stays up to three months and a long-stay visa or a residence permit for stays between three and six months. The adopted draft law envisages that employers should pay for travel costs from the place of origin to the place of work and vice versa. They should also pay the visa fee and the cost of health insurance. The MEPs amended the Commissions' proposal so that a six month limit would apply over a twelve month period instead of within a calendar year, to accommodate winter seasonal workers. Seasonal workers would be able to extend their contracts or change employers within the six month limit. The workers who lodge a complaint against a first employer should be allowed to remain in the EU while looking for another seasonal job. The possibility of multi-season permits covering up to three consecutive years or simplified procedures for returning applicants is also envisaged. Employers and their sub-contractors in breach of their obligations would be sanctioned and would have to compensate the seasonal workers. They could also be banned from applying for seasonal workers for several years. Member States should ensure that regular inspections are carried out and that seasonal workers may seek legal redress and lodge complaints directly or through trade unions or NGOs.(source: agencies)
