# C_2021362EN.01008201.xml

| 8.9.2021 | EN | Official Journal of the European Union | C 362/82 |
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8.9.2021

EN

Official Journal of the European Union

C 362/82

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P9_TA(2020)0176

European protection of cross-border and seasonal workers in the context of the COVID-19 crisis

European Parliament resolution of 19 June 2020 on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (2020/2664(RSP))

(2021/C 362/11)

The European Parliament,

| — | having regard to Article 3(2) of the Treaty on European Union (TEU), |
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having regard to Article 3(2) of the Treaty on European Union (TEU),

| — | having regard to Articles 4, 9, 26(2), 45, 46, 48, 151, 153 and 168 of the Treaty on the Functioning of the European Union (TFEU), |
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having regard to Articles 4, 9, 26(2), 45, 46, 48, 151, 153 and 168 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the European Pillar of Social Rights, in particular principles 5, 6, 10, 12 and 16 thereof, |
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having regard to the European Pillar of Social Rights, in particular principles 5, 6, 10, 12 and 16 thereof,

| — | having regard to the Community Charter of the Fundamental Social Rights of Workers, |
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having regard to the Community Charter of the Fundamental Social Rights of Workers,

| — | having regard to the Charter of Fundamental Rights of the European Union, |
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having regard to the Charter of Fundamental Rights of the European Union,

| — | having regard to Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (1), |
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having regard to Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (1),

| — | having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (2), |
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having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (2),

| — | having regard to Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers (3), |
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having regard to Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers (3),

| — | having regard to Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (4), |
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having regard to Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (4),

| — | having regard to Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority (5), |
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having regard to Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority (5),

| — | having regard to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (6), |
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having regard to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (6),

| — | having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (7), |
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having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (7),

| — | having regard to Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (8), |
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having regard to Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (8),

| — | having regard to Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (9), |
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having regard to Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (9),

| — | having regard to Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (10), |
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having regard to Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (10),

| — | having regard to Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (11), |
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having regard to Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (11),

| — | having regard to Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (12), |
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having regard to Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (12),

| — | having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (13), |
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having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (13),

| — | having regard to Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 concerning minimum standards on sanctions and measures against employers of illegally staying third-country nationals (14), |
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having regard to Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 concerning minimum standards on sanctions and measures against employers of illegally staying third-country nationals (14),

| — | having regard to the Commission communication of 13 May 2020 on COVID-19 — Towards a phased and coordinated approach for restoring freedom of movement and lifting internal border controls (C(2020)3250), |
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having regard to the Commission communication of 13 May 2020 on COVID-19 — Towards a phased and coordinated approach for restoring freedom of movement and lifting internal border controls (C(2020)3250),

| — | having regard to the Joint Declaration of the European Social Partners of Agriculture — the Employers’ Group of Professional Agricultural Associations in the EU (GEOPA-COPA) and the European Federation of Food, Agriculture and Tourism Trade Unions (EFFAT) — of 15 May 2020 on the deployment of seasonal workers from European countries in the EU, |
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having regard to the Joint Declaration of the European Social Partners of Agriculture — the Employers’ Group of Professional Agricultural Associations in the EU (GEOPA-COPA) and the European Federation of Food, Agriculture and Tourism Trade Unions (EFFAT) — of 15 May 2020 on the deployment of seasonal workers from European countries in the EU,

| — | having regard to the Joint Statements of the Social Partners of the European Horeca sector — EFFAT and the umbrella association of hotels, restaurants and cafés (HOTREC) — of 11 March 2020 and 27 April 2020, |
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having regard to the Joint Statements of the Social Partners of the European Horeca sector — EFFAT and the umbrella association of hotels, restaurants and cafés (HOTREC) — of 11 March 2020 and 27 April 2020,

| — | having regard to the Guidelines of the Social Partners in the food manufacturing industry EFFAT and FoodDrinkEurope of 9 April 2020 to protect the health and safety of workers in food business during the COVID-19 pandemic, |
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having regard to the Guidelines of the Social Partners in the food manufacturing industry EFFAT and FoodDrinkEurope of 9 April 2020 to protect the health and safety of workers in food business during the COVID-19 pandemic,

| — | having regard to Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (15), |
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having regard to Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (15),

| — | having regard to Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (16), |
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having regard to Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (16),

| — | having regard to the 2018 Global Compact for Safe, Orderly and Regular Migration, in particular Objectives 5 and 22, |
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having regard to the 2018 Global Compact for Safe, Orderly and Regular Migration, in particular Objectives 5 and 22,

| — | having regard to the Joint European Roadmap towards lifting COVID-19 containment measures, |
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having regard to the Joint European Roadmap towards lifting COVID-19 containment measures,

| — | having regard to the joint statement of the members of the European Council of 26 March 2020, |
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having regard to the joint statement of the members of the European Council of 26 March 2020,

| — | having regard to the Commission communication of 13 March 2020 on a coordinated economic response to the COVID-19 Outbreak (COM(2020)0112), |
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having regard to the Commission communication of 13 March 2020 on a coordinated economic response to the COVID-19 Outbreak (COM(2020)0112),

| — | having regard to the Commission communication of 30 March 2020 on guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak, |
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having regard to the Commission communication of 30 March 2020 on guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak,

| — | having regard to the Commission communication of 30 March 2020 on COVID-19: Guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy (C(2020)2050), |
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having regard to the Commission communication of 30 March 2020 on COVID-19: Guidance on the implementation of the temporary restriction on non-essential travel to the EU, on the facilitation of transit arrangements for the repatriation of EU citizens, and on the effects on visa policy (C(2020)2050),

| — | having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (17), |
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having regard to its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences (17),

| — | having regard to its resolution of 4 July 2017 on working conditions and precarious employment (18), |
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having regard to its resolution of 4 July 2017 on working conditions and precarious employment (18),

| — | having regard to the United Nations 2030 Agenda for Sustainable Development and to the Sustainable Development Goals (SDGs), in particular SDGs 3 and 8, |
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having regard to the United Nations 2030 Agenda for Sustainable Development and to the Sustainable Development Goals (SDGs), in particular SDGs 3 and 8,

| — | having regard to the fundamental labour standards established by the International Labour Organization (ILO) and to its conventions and recommendations on working conditions, |
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having regard to the fundamental labour standards established by the International Labour Organization (ILO) and to its conventions and recommendations on working conditions,

| — | having regard to ILO Convention 184 (Safety and Health in Agriculture), |
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having regard to ILO Convention 184 (Safety and Health in Agriculture),

| — | having regard to the Commission communication of 13 May 2020 on tourism and transport in 2020 and beyond (COM(2020)0550), |
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having regard to the Commission communication of 13 May 2020 on tourism and transport in 2020 and beyond (COM(2020)0550),

| — | having regard to the guidelines of the European Agency for Safety and Health at Work (EU-OSHA) of 24 April 2020 entitled ‘COVID-19: back to the workplace — adapting workplaces and protecting workers’, |
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having regard to the guidelines of the European Agency for Safety and Health at Work (EU-OSHA) of 24 April 2020 entitled ‘COVID-19: back to the workplace — adapting workplaces and protecting workers’,

| — | having regard to Rule 132(2) of its Rules of Procedure, |
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having regard to Rule 132(2) of its Rules of Procedure,

| A. | whereas the free movement of workers is a right for workers and a fundamental principle of the European Union, and essential to the proper functioning of the internal market; whereas labour mobility should not only be free but also fair; whereas the principle of equal treatment is enshrined in Article 45(2) of the TFEU, which forbids any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment; whereas this principle applies equally to cross-border and seasonal workers, who must be guaranteed equal treatment with workers who are nationals of their host Member State in line with EU legislation, whether it be equal rights, equal working conditions or equal protection; |
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A.

whereas the free movement of workers is a right for workers and a fundamental principle of the European Union, and essential to the proper functioning of the internal market; whereas labour mobility should not only be free but also fair; whereas the principle of equal treatment is enshrined in Article 45(2) of the TFEU, which forbids any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment; whereas this principle applies equally to cross-border and seasonal workers, who must be guaranteed equal treatment with workers who are nationals of their host Member State in line with EU legislation, whether it be equal rights, equal working conditions or equal protection;

| B. | whereas cross-border workers include persons who exercise their right of free movement to work in one EU Member State while remaining resident in another, frontier workers and posted workers; whereas a frontier worker is a worker who is employed in the frontier zone of an EU Member State but who returns each day or at least once a week to the frontier zone of a neighbouring country in which they reside and of which they are nationals; whereas a posted worker is an employee who is sent by their employer to carry out a service in another EU Member State on a temporary basis, in the context of a contract of services, an intra-group posting or a hiring out through a temporary agency; whereas seasonal workers include EU and third country nationals who travel to a Member State to temporarily live and carry out an activity dependent on the passing of the seasons; |
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B.

whereas cross-border workers include persons who exercise their right of free movement to work in one EU Member State while remaining resident in another, frontier workers and posted workers; whereas a frontier worker is a worker who is employed in the frontier zone of an EU Member State but who returns each day or at least once a week to the frontier zone of a neighbouring country in which they reside and of which they are nationals; whereas a posted worker is an employee who is sent by their employer to carry out a service in another EU Member State on a temporary basis, in the context of a contract of services, an intra-group posting or a hiring out through a temporary agency; whereas seasonal workers include EU and third country nationals who travel to a Member State to temporarily live and carry out an activity dependent on the passing of the seasons;

| C. | whereas there are over 17 million EU citizens who live and work abroad in an EU country other than that of their citizenship (3,9 % of the total labour force in 2018); whereas there are 1,5 million cross-border workers in the EU; whereas there are over 2,3 million posting operations for which services are carried out in another Member State; |
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C.

whereas there are over 17 million EU citizens who live and work abroad in an EU country other than that of their citizenship (3,9 % of the total labour force in 2018); whereas there are 1,5 million cross-border workers in the EU; whereas there are over 2,3 million posting operations for which services are carried out in another Member State;

| D. | whereas the COVID-19 pandemic is a serious threat to public health, impacting the health and lives of all persons residing in the EU and the health and care systems in the Member States; whereas the crisis has further impacted European society and the European economy, particularly those workers and sectors who are on the frontline; whereas all workers are affected, regardless of their status; whereas the outbreak of the pandemic has shed light on the inherent link between fair and safe mobility; |
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D.

whereas the COVID-19 pandemic is a serious threat to public health, impacting the health and lives of all persons residing in the EU and the health and care systems in the Member States; whereas the crisis has further impacted European society and the European economy, particularly those workers and sectors who are on the frontline; whereas all workers are affected, regardless of their status; whereas the outbreak of the pandemic has shed light on the inherent link between fair and safe mobility;

| E. | whereas many cross-border and seasonal workers are essential to the provision of critical goods and services in key economic sectors such as agriculture and food production, transport, logistics, construction, social services including care, social work and tourism, but also food processing and packaging, fisheries, forestry, healthcare and research, the IT and pharmaceutical industries, critical infrastructure industries and other sectors, and are vital to any economic recovery effort; whereas the business models of some temporary agencies and employers in these sectors can be based on reducing labour costs and precarious working conditions; whereas labour inspectorates repeatedly report violations of labour rights of cross-border and seasonal workers in these sectors; |
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E.

whereas many cross-border and seasonal workers are essential to the provision of critical goods and services in key economic sectors such as agriculture and food production, transport, logistics, construction, social services including care, social work and tourism, but also food processing and packaging, fisheries, forestry, healthcare and research, the IT and pharmaceutical industries, critical infrastructure industries and other sectors, and are vital to any economic recovery effort; whereas the business models of some temporary agencies and employers in these sectors can be based on reducing labour costs and precarious working conditions; whereas labour inspectorates repeatedly report violations of labour rights of cross-border and seasonal workers in these sectors;

| F. | whereas cross-border and seasonal workers have been severely impacted by both the crisis and Member States’ measures to contain and prevent the spread of the virus, particularly border closures, temporary restrictions and internal border controls; whereas the COVID-19 pandemic led to the closure of borders and the cessation or suspension of numerous economic activities, which in turn led to increased unemployment and serious relocation issues for cross-border and seasonal workers who found themselves stuck in Member States of former employment, without means of income, protection or transportation and, at times, with no shelter, access to healthcare or food; whereas young and women cross-border and seasonal workers can be particularly vulnerable; |
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F.

whereas cross-border and seasonal workers have been severely impacted by both the crisis and Member States’ measures to contain and prevent the spread of the virus, particularly border closures, temporary restrictions and internal border controls; whereas the COVID-19 pandemic led to the closure of borders and the cessation or suspension of numerous economic activities, which in turn led to increased unemployment and serious relocation issues for cross-border and seasonal workers who found themselves stuck in Member States of former employment, without means of income, protection or transportation and, at times, with no shelter, access to healthcare or food; whereas young and women cross-border and seasonal workers can be particularly vulnerable;

| G. | whereas numerous cross-border and seasonal workers are employed under short-term work contracts, which afford them little or no job security and insufficient or no social security coverage, and often leave them below national qualification thresholds for receiving social benefits; whereas numerous cross-border and seasonal workers often come from impoverished and vulnerable regions, minorities and social groups, are often at risk of in-work-poverty and social exclusion, and can be subject to possible violations of their rights by recruiters, agencies or employers, all of which have been exacerbated by the pandemic; whereas workers on short-term assignment often live in group accommodation, which makes social distancing difficult and increases their risk of infection; whereas large outbreaks of COVID-19 infections occurred in industries such as food production and are likely to continue in sectors and workplaces where social distancing may be difficult to observe unless appropriate measures are introduced; |
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G.

whereas numerous cross-border and seasonal workers are employed under short-term work contracts, which afford them little or no job security and insufficient or no social security coverage, and often leave them below national qualification thresholds for receiving social benefits; whereas numerous cross-border and seasonal workers often come from impoverished and vulnerable regions, minorities and social groups, are often at risk of in-work-poverty and social exclusion, and can be subject to possible violations of their rights by recruiters, agencies or employers, all of which have been exacerbated by the pandemic; whereas workers on short-term assignment often live in group accommodation, which makes social distancing difficult and increases their risk of infection; whereas large outbreaks of COVID-19 infections occurred in industries such as food production and are likely to continue in sectors and workplaces where social distancing may be difficult to observe unless appropriate measures are introduced;

| H. | whereas numerous cross-border and seasonal workers are in a particularly vulnerable situation as regards their working conditions and occupational health and safety in the context of the COVID-19 crisis; whereas disturbing reports regarding breaches of cross-border and seasonal workers’ rights in terms of working and living conditions have surfaced during the crisis, namely on working time, minimum wages, unfair dismissals, workplace health and safety standards, such as a lack of written instructions and display notices at the workplace, a lack of safe transport and decent accommodation that meet sanitary requirements and where social distancing measures can be maintained, high pressure and non-adapted working patterns, posting arrangements and subcontracting practices, non-compliance with quarantine restrictions and repatriation support, and an inadequate provision of personal protective equipment (PPE); whereas these reports and the crisis generally have exposed and exacerbated social dumping and the existing precariousness of the situations of many cross-border and seasonal workers and gaps in the implementation and enforcement of existing legislation for their protection; whereas many cross-border and seasonal workers are in practice dependent on their employer or temporary agency for not only their income, but also their housing; whereas numerous cross-border and seasonal workers have ended up on the streets following being fired; whereas on account of their vulnerable circumstances, these workers may also find it hard to report abuses or stay away from work if they feel sick, owing to a lack of information or fear of losing their income, accommodation or residence status; |
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H.

whereas numerous cross-border and seasonal workers are in a particularly vulnerable situation as regards their working conditions and occupational health and safety in the context of the COVID-19 crisis; whereas disturbing reports regarding breaches of cross-border and seasonal workers’ rights in terms of working and living conditions have surfaced during the crisis, namely on working time, minimum wages, unfair dismissals, workplace health and safety standards, such as a lack of written instructions and display notices at the workplace, a lack of safe transport and decent accommodation that meet sanitary requirements and where social distancing measures can be maintained, high pressure and non-adapted working patterns, posting arrangements and subcontracting practices, non-compliance with quarantine restrictions and repatriation support, and an inadequate provision of personal protective equipment (PPE); whereas these reports and the crisis generally have exposed and exacerbated social dumping and the existing precariousness of the situations of many cross-border and seasonal workers and gaps in the implementation and enforcement of existing legislation for their protection; whereas many cross-border and seasonal workers are in practice dependent on their employer or temporary agency for not only their income, but also their housing; whereas numerous cross-border and seasonal workers have ended up on the streets following being fired; whereas on account of their vulnerable circumstances, these workers may also find it hard to report abuses or stay away from work if they feel sick, owing to a lack of information or fear of losing their income, accommodation or residence status;

| I. | whereas cross-border self-employed workers and entrepreneurs have also been severely impacted by the crisis; whereas actions and measures taken by Member States during the COVID-19 pandemic in order to financially compensate workers, self-employed workers and entrepreneurs are mainly based on the national labour market and often lack proper provisions for cross-border workers and cross-border self-employed workers; |
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I.

whereas cross-border self-employed workers and entrepreneurs have also been severely impacted by the crisis; whereas actions and measures taken by Member States during the COVID-19 pandemic in order to financially compensate workers, self-employed workers and entrepreneurs are mainly based on the national labour market and often lack proper provisions for cross-border workers and cross-border self-employed workers;

| J. | whereas a number of workers have contracted COVID-19, with fatalities occurring in several Member States; whereas the access of some such workers to proper care, medical attention and facilities as well as health and social insurance was problematic or in some instances non-existent even before the crisis; whereas promotion and access to sick leave among such workers is also an issue; |
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J.

whereas a number of workers have contracted COVID-19, with fatalities occurring in several Member States; whereas the access of some such workers to proper care, medical attention and facilities as well as health and social insurance was problematic or in some instances non-existent even before the crisis; whereas promotion and access to sick leave among such workers is also an issue;

| K. | whereas the European Labour Authority (ELA) was established in July 2019 with the aim of supporting Member States and the Commission in the effective application and enforcement of Union law related to labour mobility and social security coordination; whereas the ELA is expected to reach its full operational capacity by 2024; |
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K.

whereas the European Labour Authority (ELA) was established in July 2019 with the aim of supporting Member States and the Commission in the effective application and enforcement of Union law related to labour mobility and social security coordination; whereas the ELA is expected to reach its full operational capacity by 2024;

| L. | whereas civil society organisations (CSOs) and social partners have been instrumental in providing aid to workers during the crisis, both in their home countries and their Member States of employment; |
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L.

whereas civil society organisations (CSOs) and social partners have been instrumental in providing aid to workers during the crisis, both in their home countries and their Member States of employment;

| M. | whereas the vast majority of cross-border and seasonal workers affected by the economic effects of the COVID-19 pandemic have as yet been unable to access adequate social protection and security entitlements, due to impeded coordination between the social security institutions of the Member States which has been exacerbated by COVID-19; whereas cross-border and seasonal workers have found themselves in situations where they are not necessarily eligible for temporary support measures such as short-time work schemes, adjusted unemployment benefits and measures to facilitate working from home; |
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M.

whereas the vast majority of cross-border and seasonal workers affected by the economic effects of the COVID-19 pandemic have as yet been unable to access adequate social protection and security entitlements, due to impeded coordination between the social security institutions of the Member States which has been exacerbated by COVID-19; whereas cross-border and seasonal workers have found themselves in situations where they are not necessarily eligible for temporary support measures such as short-time work schemes, adjusted unemployment benefits and measures to facilitate working from home;

| N. | whereas during the crisis some Member States have taken action to address the vulnerabilities that cross-border and seasonal migrant workers face in the context of the COVID-19 crisis and take note of their role in our societies; |
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N.

whereas during the crisis some Member States have taken action to address the vulnerabilities that cross-border and seasonal migrant workers face in the context of the COVID-19 crisis and take note of their role in our societies;

| O. | whereas frontier workers and EU border regions have also been severely affected by the crisis in terms of employment, access to the workplace and teleworking arrangements, and legal uncertainty with regard to applicable social security and tax regimes; |
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O.

whereas frontier workers and EU border regions have also been severely affected by the crisis in terms of employment, access to the workplace and teleworking arrangements, and legal uncertainty with regard to applicable social security and tax regimes;

| P. | whereas the European agricultural sector sometimes sees below average incomes coupled with a high working time, incidences of accidents and illnesses and low participation in education and training programmes, particularly for cross-border and seasonal workers; whereas poor working conditions in the agricultural sector are one of the main causes of labour shortages in some Member States; |
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P.

whereas the European agricultural sector sometimes sees below average incomes coupled with a high working time, incidences of accidents and illnesses and low participation in education and training programmes, particularly for cross-border and seasonal workers; whereas poor working conditions in the agricultural sector are one of the main causes of labour shortages in some Member States;

| Q. | whereas there is no EU-wide systematic data-gathering or digital tracking system in place to provide adequate data on the total numbers of cross-border and seasonal workers affected or to allow workers to easily and quickly establish the status of their social security coverage and claim various entitlements accrued before the crisis began; whereas municipalities too often lack information on the cross-border and seasonal workers who are living and working there; |
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Q.

whereas there is no EU-wide systematic data-gathering or digital tracking system in place to provide adequate data on the total numbers of cross-border and seasonal workers affected or to allow workers to easily and quickly establish the status of their social security coverage and claim various entitlements accrued before the crisis began; whereas municipalities too often lack information on the cross-border and seasonal workers who are living and working there;

| R. | whereas there is a risk that the crisis may continue to exacerbate existing problems in the treatment of cross-border and seasonal workers by some recruitment agencies and local employers; |
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R.

whereas there is a risk that the crisis may continue to exacerbate existing problems in the treatment of cross-border and seasonal workers by some recruitment agencies and local employers;

Protecting rights, ensuring safety and enforcing existing legislation

| 1. | Welcomes the Commission’s continuing guidance as part of the ongoing coordination of a common EU response to the COVID-19 outbreak, particularly as regards the implementation of the principle of equal treatment and non-discrimination, and the exercise of the free and fair movement of workers; stresses that border controls, health screenings and restrictions on movement must remain proportionate and exceptional and that all freedom of movement should be re-established as soon as it is deemed safe with regard to national situations on COVID-19; recalls that the principle of equal treatment is not limited to cross-border and seasonal workers only in essential sectors and occupations, but extends to all such workers who need to cross internal borders, given that the sectors in question are also open to local workers in the host Member State of work; calls on the Member States which have not yet done so to lift as soon as possible all travel restrictions and discriminatory confinement and quarantine measures for cross-border and seasonal workers to avoid labour shortages in key sectors and for the benefit of the workers, while ensuring their health and safety; |
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1.

| 2. | Calls on the Commission and the Member States to implement measures to ensure that cross-border and seasonal workers and cross-border entrepreneurs and self-employed persons are afforded adequate protection from COVID-19 and its effects, including easy access to testing, and are informed about the risks and the safety precautions to be taken in a language they understand; stresses the particular vulnerability of young and women cross-border and seasonal workers; calls, furthermore, for measures to ensure that their health and safety are safeguarded during their travel to and decent housing conditions ensuring social distancing at their places of their employment other than of their residence, and that repatriation solutions that are not at the expense of the worker are made available, should they be necessary; underlines that existing legislation concerning the access to social rights, including their exportation, must be respected; underlines that cross-border and seasonal workers must not be left behind for having exercised their freedom of movement as EU citizens; |
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2.

| 3. | Calls on the Commission and the Member States to support the work of social partners and CSOs actively working in this area so as to ensure that any workers who are left stranded on their territory as a result of the crisis or otherwise have adequate and urgent access to public services, trade union support, decent housing, protective equipment, meals and healthcare; welcomes the engagement of the social partners to address sector-specific issues as regards the mobility and rights of cross-border and seasonal workers; |
| --- | --- |

3.

| 4. | Calls on the Commission and the Member States to ensure, in the context of COVID-19, the equal treatment of third-country seasonal workers with EU nationals, as stated in Directive 2014/36/EU, recalling that such workers have the same labour and social rights as EU citizens; |
| --- | --- |

4.

| 5. | Calls on the Commission and the Member States to ensure, as a matter of urgency, the proper implementation and enforcement of applicable EU legislation as regards the rights of cross-border and seasonal workers, particularly as regards the right to equal pay for equal work in the same place, including through national and cross-border concerted and joint labour inspections; insists that clear steps must be taken to ensure that workers have a clear understanding of, full information about and unhindered access to their contracts, rights and obligations before departure and that these contracts are made available to labour protection entities within their area of employment; calls on the Member States to enhance the capacity of labour inspectorates and to prioritise sectors where workers are at risk; |
| --- | --- |

5.

| 6. | Calls on the Commission to monitor the implementation of its guidelines on the free movement of workers during the COVID-19 outbreak and, in particular, to issue new specific guidelines for cross-border and seasonal workers and cross-border entrepreneurs and self-employed persons, employers and Member States in the context of COVID-19, specifically as regards exercising free and fair movement, decent housing, the applicable working and employment conditions, and health and safety requirements including the need to ensure social distancing during transport, in housing and in the workplace, social security protection and coordination, access to and the provision of healthcare, the provision of information such as written instructions and display notices at the workplace to workers in a language they can understand, and the exchange of best practices thereof; underlines that social partners must be fully involved in drafting these guidelines; |
| --- | --- |

6.

| 7. | Calls on the Member States to ensure quality housing for cross-border and seasonal workers, which should be decoupled from their remuneration and ensure decent facilities, tenant privacy and written tenancy contracts enforced by labour inspectorates, and to establish standards in this regard; |
| --- | --- |

7.

| 8. | Calls on the Commission to ensure that the ELA becomes fully operational as a matter of priority and works to provide relevant information on the rights and obligations of individuals in cross-border labour mobility situations, including through a single EU-wide website, which should serve as a portal for accessing information sources and services at EU and national levels; identifies the lack of a harmonised process to signal abuses and problems; therefore calls on the ELA, in coordination with the relevant Member State authorities, to create a European facility for cross-border workers to anonymously report abuse and to implement Article 8(1) of Regulation (EU) 2019/1149 with a view to carrying out joint or concerted inspections into cases of possible abuse brought to its attention; |
| --- | --- |

8.

| 9. | Calls on the Commission to propose long-term solutions to deal with abusive subcontracting practices and safeguard seasonal and cross-border workers employed along the subcontracting and supply chain; |
| --- | --- |

9.

Promoting fair mobility and strengthening the internal market

| 10. | Calls on the Member States and the Commission to prepare for possible future waves of COVID-19, and calls once again for the coordination of national border measures and the development of safety measures for mobile workers, including safe shelter; notes that standing mobility contingencies must be put in place, with the identification and maintaining of ‘green corridors’, complete with safety measures and well-established and communicated travel conditionalities and conditions; highlights, in this regard, the key role for regional and local authorities and existing cross-border institutions, including in maintaining and regularly updating the records of all cross-border and seasonal workers registered in the municipalities where they have their housing; underlines that the guiding principles for any measure taken in view of the crisis and the road to recovery should be the health and safety of all workers, and the respect for and effective enforcement of all applicable working conditions, recognising the particularly vulnerable situation of cross-border and mobile workers during the COVID-19 outbreak and its aftermath; |
| --- | --- |

10.

| 11. | Recalls the importance of and need for good cooperation with third countries where there are a high number of cross-border workers, such as those in the European Economic Area (EEA), Switzerland and the United Kingdom; |
| --- | --- |

11.

| 12. | Underlines the need for good cooperation between the Member States regarding the collection of data on cross-border and seasonal workers in order to bridge gaps in national practices, gain better access to available information, and create a predictable and accessible internal labour market; calls on the ELA to take an active role in collecting and coordinating data for the purposes of carrying out analysis on labour mobility and risk assessments in accordance with its tasks as set out in its founding regulation; |
| --- | --- |

12.

| 13. | Believes that in order to protect cross-border and seasonal workers, employers also need clear rules and legal clarity; invites the Member States to collect and keep updated information regarding all such rules, including those relating to COVID-19 and travel restrictions, on the websites of their relevant national institutions; invites the Commission to examine the possibility of creating a portal or mobile application which would be able to collate data from the Member States in order to offer EU citizens accurate and real-time travel restriction information, complete with travel options and available routes in the event that emergency measures were partially or completely reintroduced; |
| --- | --- |

13.

| 14. | Calls on the Commission and the Member States to ensure that cross-border workers, in particular frontier workers and self-employed persons affected by the crisis and including those teleworking from their country of residence, have access to applicable social security, labour rights and tax regimes, and certainty as regards the competent authority for their coverage, can benefit from short-time work schemes under the same conditions as other employees, and are not negatively impacted in their tax or social security rights owing to the duration of their stay in their Member State of residence as a result of the pandemic; requests that time worked as teleworking abroad should be classified as if it were undertaken in the country of work; |
| --- | --- |

14.

Resilience, going digital and ensuring transparency

| 15. | Calls on the Commission to undertake an urgent study of the general situation of the employment and health and safety conditions of cross-border and seasonal workers, including the role of temporary work agencies, recruiting agencies, other intermediaries and subcontractors, with a view to identifying protection gaps and the possible need to revise the existing legislative framework, such as the legislative framework for health and safety at work, Directive 2014/36/EU on seasonal workers and Directive 2008/104/EC on temporary agency work, as well as pandemic-proofing; stresses that not only are the lessons learnt valid with regard to the COVID-19 crisis, they should also strengthen evidenced-based policymaking with a view to addressing the shortcomings of EU and national legislations in times of crises and normality; |
| --- | --- |

15.

| 16. | Underlines that the Member States are responsible for ensuring that their social security systems are stable, reliable and crisis-proof and that the EU provides common rules to protect social security rights when moving within Europe; calls on the current and future Council Presidencies and the Member States to engage with Parliament to find a swift and balanced agreement on the proposed revision of Regulations (EC) No 883/2004 and (EC) No 987/2009 on social security coordination in order to deliver modernised and fit-for-purpose rules which foster fair mobility and social protections for all EU citizens, while effectively combating social fraud and the abuse of mobile workers’ social rights; calls on the Member States, in this regard, to implement all components of the Electronic Exchange of Social Security Information (EESSI) system as a matter of urgency in order to ensure more effective cooperation between social security institutions and a faster, digitised processing of individual cases for the benefit of persons in cross-border situations; |
| --- | --- |

16.

| 17. | Calls on the Commission to update its webpages in the light of COVID-19 and to promote them accordingly, offering information on workers’ rights and on the relevant national legislation for cross-border and seasonal workers, as well as details on national and regional labour protection authorities, and to establish, in cooperation with the Member States, accessible awareness-raising information campaigns aimed at cross-border and seasonal workers, with the involvement of social partners and CSOs so as to further disseminate the information; |
| --- | --- |

17.

| 18. | Reiterates the importance of proper whistle-blower protection in the Member States, including for cross-border and seasonal workers; encourages the Member States to go beyond the minimum requirements set out in Directive 2019/1937 for all workers irrespective of their status and to examine ways to apply national whistle-blower protection legislation to cross-border or seasonal workers who signal abuses; stresses the need for transparent inclusion of available options to signal abuses and receive support in labour contracts without fear of reprisal; stresses that access to trade unions and CSOs, including in the host country, must be ensured for these workers; |
| --- | --- |

18.

| 19. | Considers that establishing a digital and dynamic system for data exchange between the Member States could help to facilitate the fight against abuses of and issues with cross-border and seasonal workers’ rights and undeclared work, and help to determine the coverage of the responsible social security system; calls on the Commission, in this context, to prepare an exhaustive impact assessment on the introduction of a digital European Social Security Number with a view to launching a proposal; underlines that any personal data must be used only for the specific purpose intended and only by the competent authorities for social security, in line with the General Data Protection Regulation (19); |
| --- | --- |

19.

| 20. | Calls on the Member States to transpose the revised Posting of Workers Directive in a correct, timely and ambitious manner, ensuring full equal treatment and protection of posted workers, in particular so as to respect the obligation under Article 3(7) of the directive of the employer to reimburse posted workers for allowances paid in reimbursement of expenditure actually incurred on account of the posting, such as travel, board and lodging expenses, in accordance with the national law and/or practice applicable to the employment relationship; |
| --- | --- |

20.

| 21. | Identifies the need for the Commission, together with the Member States, to address the lack of clear provisions for the establishment of temporary work and recruitment agencies aimed at cross-border and seasonal workers in the EU; recalls existing good practices where such companies are subject to clear transparency licences by specific administrative bodies; |
| --- | --- |

21.

| 22. | Urges the Commission to make sure that the Farm to Fork Strategy and the upcoming revision of the common agricultural policy deliver for agricultural workers in Europe, including seasonal, migrant and other mobile workers; |
| --- | --- |

22.

| 23. | Calls on the Commission and the Member States to combat the negative image of seasonal and cross-border workers where this occurs; notes that Member States of residence have a responsibility to provide adequate access, labour and social security information for cross-border and seasonal workers; highlights the importance of support for cross-border and seasonal workers in the case of work-related accidents and assistance for repatriation and reintegration, while ensuring that their rights are respected by recruiting agencies, subcontractors and other intermediaries operating within their territory; |
| --- | --- |

23.

o

o o

| 24. | Instructs its President to forward this resolution to the Council, the European Council and the Commission. |
| --- | --- |

24.

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(1)  OJ L 128, 30.4.2014, p. 8.

(2)  OJ L 141, 27.5.2011, p. 1.

(3)  OJ L 94, 28.3.2014, p. 375.

(4)  OJ L 327, 5.12.2008, p. 9.

(5)  OJ L 186, 11.7.2019, p. 21.

(6)  OJ L 284, 30.10.2009, p. 1.

(7)  OJ L 166, 30.4.2004, p. 1.

(8)  OJ L 393, 30.12.1989, p. 1.

(9)  OJ L 18, 21.1.1997, p. 1.

(10)  OJ L 173, 9.7.2018, p. 16.

(11)  OJ L 159, 28.5.2014, p. 11.

(12)  OJ L 262, 17.10.2000, p. 21.

(13)  OJ L 305, 26.11.2019, p. 17.

(14)  OJ L 168, 30.6.2009, p. 24.

(15)  OJ L 186, 11.7.2019, p. 105.

(16)  OJ L 343, 23.12.2011, p. 1.

(17)  Texts adopted, P9_TA(2020)0054.

(18)  OJ C 334, 19.9.2018, p. 88.

(19)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data, and repealing Directive 95/46/EC (General Data Protection Regulation) and on the free movement of such data (OJ L 119, 4.5.2016, p. 1).

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