Opinion of the Economic and Social Committee on 'Seasonal labour and migration in rural areas: stocktaking and outlook` (97/C 355/10)

On 20 March 1997, the Economic and Social Committee, acting under Rule 23(3) of its Rules of Procedure, decided to draw up an opinion on 'Seasonal labour and migration in rural areas: stocktaking and outlook`.

The Section for Agriculture and Fisheries, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 18 September 1997. The rapporteur was Mr Wilms.

At its 348th plenary session of 1 and 2 October 1997 (meeting of 1 October), the Committee adopted the following opinion by 86 votes to one, with seven abstentions.

1. Rationale for the opinion

1.1. Background

1.1.1. Both within the European Union and in other parts of the world (e.g. California, Israel) migrant seasonal labourers are employed in the harvesting of various crops and products. This opinion examines the opportunities and risks of seasonal agricultural work in the European Union. The section is not unaware that seasonal labour also makes an important structural contribution to other sectors besides agriculture, e.g. tourism and catering. The comments in this opinion, however, are expressly confined to work in agriculture.

1.1.2. Structural change, both economic and technical, structural disparities and the opening-up towards the Maghreb states and the central and eastern European countries (CEEC) are all factors which have had a cumulative impact on the European Union:

- Structural disparities, particularly between Member States in the south and the north of the Union, are still the main reason why agricultural workers migrate in search of employment and pay. Migration, however, is not confined to the Member States alone; workers from neighbouring countries, such as Morocco, Tunisia and Algeria, also come to southern Europe (), while those from the CEEC are spread across the entire European economic area and third countries.

- The rapid geographical expansion of the seasonal labour market has led to an ever widening gap in pay expectations on the EU market. This has been fuelled mainly by the opportunities for employment in the EU for non-EU workers, e.g. from North Africa and the CEEC. The 1992 reform of the common agricultural policy (CAP) also led to changes in farm and employment structures with increasing mechanization and specialization.

- The resultant increase in the workforce has amplified labour market pressure - already at a high as a result of structural change - on those agricultural workers, both within the EU as a whole and in the individual Member States, whose livelihood has also traditionally been dependent on seasonal labour.

- At the same time, permanent farm workers have also suffered, in some cases seeing their jobs taken over by seasonal labourers.

1.1.3. These developments have aggravated the employment climate in rural areas of the EU. As a result, all sectors of society are called upon to take resolute action to safeguard existing jobs whose protection is justified on social grounds, to cut unemployment and to create new work opportunities.

1.1.4. One danger inherent in the current trends is, of course, non-compliance with the collective agreements and voluntary framework agreements reached between the two sides of industry, at least in those Member States where such arrangements exist. There is also a danger that the principles which have hitherto guided Union action - as embodied above all in the then Commission President Jacques Delors' 1993 White Paper 'Growth, Competitiveness and Employment` - will to all intents and purposes be abandoned.

1.1.5. Despite the ever more pressing problems, seasonal labour remains a traditional and vital form of farm work. Nature itself dictates the continual need for seasonal labour in a whole range of different sectors. Special attention should be devoted to the work performed by migrant workers as a particular type of periodic or non-permanent employment in rural areas:

- It is an integral part of the economic structure that has evolved in many regions of the EU, whether they be net providers or net beneficiaries of manpower.

- It is a particularly valuable source of cultural exchange and is thus a tool for European integration, providing a point of contact between Europeans from across the continent.

1.1.6. In submitting this opinion, the Committee is seeking to draw the attention of the European authorities to the invaluable economic and cultural dimension of seasonal labour. The ultimate aim is to develop long-term, joint solutions to the growing problems which have emerged.

1.1.7. The members of the Committee are encouraged in their task by the Commission President whose confidence pact, set out in June 1996, is designed to rekindle a climate of confidence in Europe and to boost both innovation and demand.

1.2. Urgency of the situation

1.2.1. Such a climate of confidence and dependability is compromised by a new sense of confusion on the labour market, in employment and wage expectations. This is compounded by the fact that there is no real transparency as to the scale of the problem (cf point 3) and by reluctance or procrastination in attempts to put matters back on course (cf especially point 5).

1.2.2. The lack of meaningful statistical data is all the more deplorable given that the few figures which are available demonstrate an urgent need for action.

Figures for 1995 showed around 850 000 agricultural seasonal workers in Italy (), around 600 000 in France (), and around 220 000 in Germany (). The number of migrant workers in the Scandinavian Member States would appear to be below the EU average.

1.2.3. These figures do not represent long-term jobs, but rather temporary, seasonal work, normally lasting from a few days to three months at most.

1.2.4. These figures cannot of course simply be transposed to other Member States. They are, however, useful partial indicators and send out a very clear signal which we ignore at our peril. Further statistical data are required.

1.2.5. The problem is complex and is spreading; hence the clear need for this own-initiative opinion. Its purpose is to develop additional policy instruments and to put them into operation quickly, before it is too late, so that their impact can be felt in the medium term.

1.3. Definition

1.3.1. For the purposes of this opinion, seasonal labour is understood as all types of farm work which only arise from time to time because of the particular crop involved or because of the way farms operate. Typically, it involves sowing, harvesting and certain types of animal husbandry work. It should also be noted that on specialized farms in particular (e.g. fruit and vegetables), permanent jobs are being replaced and supplemented by seasonal workers.

1.3.2. This work may be done by workers from the same area or region (seasonal workers), non-local nationals (indigenous migrant workers), citizens of other EU countries (EU migrant workers) or by people from countries outside the European Union (non-EU migrant workers).

1.3.3. Migrant workers are thus a specific subset of seasonal workers. In particular, a distinction must be made between EU and non-EU migrant workers.

2. History and current situation of seasonal labour in the farming industry

2.1. Seasonal labour has become a constant feature of the agricultural scene for many reasons. Climate zones, crop rotation and trade mechanisms have all played a part. Often, simple poverty is a factor. People hope that seasonal labour will give them the opportunity of earning a decent wage.

2.2. The concentration of certain regions and farms on particular products has increased in line with the emergence of certain patterns of transport and trade.

2.3. Nature itself dictates that there will always be a call for seasonal and migrant workers, though the workers' own increased mobility has given a further boost to their employment. With the opening of the borders in Europe, the impression has been of a dam bursting, but the trend over the past thirty years would have been steadily in the same direction in any case.

2.4. Migrant workers are always motivated by economic expediency, but not always by economic necessity: seasonal labour continues to enjoy a certain type of job profile which may be suited to those who exercise it. Experienced fruit pickers, for example, may well consider themselves specialists in their particular line of farm work. They feel they can more effectively offer their services by following climate conditions in different areas than by staying at home where their work would be limited to the short period of the local harvest. At the same time, the line between what they choose to do and what they are obliged to do is blurred, leaving no room for a romanticized picture of this way of life.

- Closer examination and description could shed more light on the image of the seasonal worker, torn between necessity and opportunity, thus fleshing out our perception of this occupation.

2.5. Consumer goods continue to be out of reach for many people, particularly from the Maghreb and the CEEC. Migrant workers from these countries can thus not only earn more, but also benefit from the wider range of goods or lower prices available at their place of work abroad.

2.6. The seasonal labour performed by migrant workers is an important element in ensuring a flourishing trade in goods between Europe's economic regions, and is thus one way of helping to even out social disparities.

- For this reason, studies should be carried out to identify donor and recipient regions of migrant labour and those sectors and farms specializing in particular crops, so as to provide a more solid factual basis for understanding the various interests concerned.

2.7. In economic terms, regions and farms which welcome seasonal labour do so because, to some extent, the workers concerned are more productive. This may be because they are either used to the routine or are more highly motivated. The main reason, however, for employing such workers is that the jobs concerned are temporary, thus reducing social charges, or even, in the case of short-term employment, eliminating them completely. Traditionally, this applies in particular to pension contributions. Non-local, but indigenous, migrant labour is a resource to be drawn on if the local seasonal workforce is too small. Where there is a shortfall even in national migrant labour, farms turn to other migrant workers from both inside and outside the EU (). To some degree too, the exchange of information and the establishment of new market openings are important factors. This exchange of information is however often deficient as a result of factors such as cultural differences and lack of knowledge of workers' social or living conditions. Fundamentally, increased mobility has heightened the danger of exploitation and ill-treatment. A growing lack of transparency is the result. What can be done to combat it?

2.8. The initial approach has been to separate those sectors of the economy which use seasonal labour to any significant degree, with a view to finding tailor-made solutions for each.

2.9. It is perfectly possible for farms to choose products and organize working methods in such a way as to fit in with these general conditions and to maintain their economic stability. At the same time there must be an extension of migrant workers' obligation to register with the authorities (e.g. with the labour market authorities which exist in some Member States) in order to provide further information on farms' real needs throughout the year.

3. Seasonal labour in the European Union farming industry (statistics)

No adequate data are available.

3.1. It will never be easy to draw up statistics on such a non-permanent and, to some extent, casual form of work as agricultural seasonal labour; that is not to say that improvements cannot be made. For the reasons outlined above, there is clearly an urgent political need for enhanced record-keeping.

3.2. The Committee therefore calls on the Commission to set up an observatory to monitor agricultural seasonal labour.

3.3. This could record the following information:

- country of origin

- region of origin

- occupation

- sex

- age

- accompanying members of family

- permanent or changing employment

- length of employment

- income per hour/day/week/month

- does the farm supply basic needs?

- is the employment covered by a social security or pensions scheme?

3.4. However, such an undertaking is doomed to fail unless all those involved can be induced to cooperate and the procedure is straightforward enough to cope with the (sometimes) very fast turnover of workers, which can be blamed not least on the vagaries of the weather.

- What incentives could be given to employers and workers to cooperate? What would social security institutions, residents' registration and customs offices, border controls, etc. gain from taking part in a scheme of this kind?

3.5. Broadly speaking, statistical assessment will be all the more successful if individual migrant workers stand to profit in some way from registration and monitoring. How could it be linked to social security (accident, illness, liability, pensions, legal protection, travel cost reduction, easing of customs restrictions, etc.)? What opportunities would be opened up by the introduction of a 'cheque-book system` on the French model ()?

- Solutions should be found which can counteract the present advantages of illegal employment (such as wage supplements paid for by savings in contributions, or extensions of prescribed time limits).

- Less bureaucratic schemes should be developed.

- Employers should be offered appropriate benefits (tax arrangements, expert placement, legal protection, liability and accident insurance, grants, flat-rate payments to simplify administration in the case of migrant workers, etc.).

- Appropriate sanctions - both light and severe - should be imposed in cases where existing arrangements are violated to the detriment of all (placement embargo, flat-rate minimum levies according to level of turnover, penalty for breach of contract, etc.).

3.6. Statistics should focus not only on quantitative, but also on qualitative aspects in order to identify the personal needs, difficulties and experiences of individual migrant workers. The aim would not, in the first instance, be to check up on the individual, and certainly not total monitoring, but rather to make it easier to assess the political and social aspects of this phenomenon throughout the EU as a single economic area.

3.7. Any procedures or arrangements which are introduced must be in keeping with this spirit of free and productive cooperation if enhanced communication really is to engender the climate of confidence outlined above.

3.8. To this end, migrant workers may be asked to take part in anonymous sample surveys, designed, in the short term, to identify the problems at hand, and, in the longer term, to monitor the situation statistically.

4. Specific changes in agricultural seasonal labour as a result of the enlargement of the EU

4.1. The scale of agricultural seasonal labour is set to grow, as is the number of migrant workers from outside the European Union, not least as a result of even more pronounced farm specialization in the future. Specialized sectors (fruit and vegetable, viticulture, nurseries) are particularly likely to employ mainly seasonal workers. This, however, will also be reflected in an increase in infringements of regulations laid down by law or collective agreement.

4.2. The credibility of the principles adopted by both the social partners and the European Union could be compromised if more decisive action is not taken. Therefore the new arrangements should underpin the priorities of future economic and social cohesion as formulated by the Commission president on 16 July 1997 before the European Parliament: reduction in regional disparities, support for regions undergoing economic conversion and further development of the human resources of the whole Union.

- Practicable methods must therefore be developed to ensure that migrant workers are informed of their inalienable rights.

4.3. The increase in the number of workers solicited from North Africa, the CEEC and third countries has already been noted in point 1.2 above. Here it should be stressed that there are considerable horizontal and vertical differences between the Member States.

4.4. The more people work abroad, the more widespread the awareness in the country of origin of how to obtain a job even without official placement.

- How far do official placement offices, residents' registration offices, employers, etc. see a person's first period of residence as an opportunity to disseminate information on issues such as workers' rights and the risks of accident and illness?

- How do the competent national authorities deal with labour traffickers?

- What support can be given to migrant workers so that the demand, born of poverty, for low-paid jobs does not continue unabated but can be arrested by measures such as information, training and business set-up and reintegration grants?

- What bilateral or multilateral agreements can help, including in the country of origin, to foster an active interest in cooperating to improve the situation.

- What arrangements can be developed for 'contracted-out` migrant workers as an effective counter to the problem of 'bogus self-employment` () and the like?

5. Illegal seasonal labour and undeclared employment

5.1. There is little doubt that a not insignificant percentage of farm seasonal labour is illegal. Such activity is of course outside the scope of legal and social norms and wage agreements. Those who employ illegal workers not only deliberately break the law and damage the economy as a whole but also gain an unfair, and unacceptable, advantage over other competing market operators.

5.2. There is little satisfactory information on the numbers involved here, the types of work most affected or the specific ways in which the practice is deleterious. Illegal employment, it would appear, takes many forms. The figures for France seem negligible; in Germany, on the other hand, the competent trade union estimates a ratio of 1:1, in other words, one illegal worker for every legal one. Italian trade unions estimate the proportion of illegal non-EU migrant workers to be 60 %.

5.3. Clearly then, in some Member States at least, the rules are being flouted and some people are working illegally.

5.4. Some employers circumvent the authorities by directly re-engaging formerly legal workers for the next season. This saves on official placement fees, and often allows wages to be negotiated between both sides alone, generally to the detriment of the workers concerned.

5.5. The specific results of clandestine working practices (lack of health insurance, non-payment of social charges, etc.) are part of a much wider negative picture which transcends the scope of the individuals directly concerned. The upshot, especially in conflict situations, may be a personal crisis which can result in impaired product quality.

5.6. Such a situation is socially completely unacceptable and involves both personal and economic disadvantages for the parties concerned. As such it should be a matter of particular concern to the institutions. The underlying roots of illegal employment must be examined and laid bare. The findings should be used to develop and implement suitable strategies for halting the very damaging phenomenon of illegal employment.

6. The social situation of agricultural migrant workers

6.1. The degree to which agricultural migrant workers share the general situation of farm workers varies considerably (fully, insufficiently, not at all) from one country to another and within individual Member States and, as they sometimes come from different occupational backgrounds, they do not always enjoy the same conditions as their co-workers (holiday provisions, re-employment guarantees, contractual terms, etc.).

6.2. The pressure to look for seasonal work and to accept certain working conditions varies considerably in many respects. It is influenced by regional circumstances (labour market and income situation), personal circumstances (the individual's training, social connections) and the specific situation of the individual (their plans).

6.3. Seasonal labour may be sought and solicited on a regional or cross-border basis within Europe, or may even transcend the borders of the EU completely to involve, for example, the countries of North Africa or Eastern Europe.

6.4. Pending more accurate, higher quality statistical data, it is possible, through experience and surmise, to identify many different types of migrant labour:

- farmers or farm workers who earn extra income by offering their services on the seasonal labour market;

- workers from different sectors who want, but are not obliged, to use periods of lay-off or holiday entitlement to earn some casual income;

- workers who can only work temporarily or periodically in their full-time jobs and use seasonal labour as an additional source of income to cover their basic living expenses;

- job-seekers, the long-term unemployed and people for whom structural change has meant an inability to integrate and who choose or are obliged to fall back on seasonal labour as a last-resort source of employment ();

- trainees and students and young people looking for a temporary income;

- workers from low-wage countries willing to use every opportunity to work for comparatively high wages and exploit the extra buying power in their home country or the better shopping facilities in the country to which they have come to work.

6.5. For the sake of completeness and to highlight the more attractive side of seasonal labour, it is worthwhile also mentioning those people who, for a whole variety of reasons, are interested in short-term work. These range from refugees who simply want to work again (e.g. Bosnians in Germany) to students and dropouts who go grape harvesting in Alsace.

6.6. Fundamentally, seasonal labour becomes a problem in periods of economic belt-tightening, or when demand is weak and the labour supply plentiful, with both officially assisted migration and illegal placement, e.g. by labour traffickers. Employers face the temptation to engage in wage dumping and evade social security contributions. Workers, meanwhile, are lured into giving up basic rights merely to gain a foothold on the market. This scenario is becoming ever more common in several Member States and must not be allowed to escalate. It is not simply a question of protecting the individual, but also of putting a check on real shifts in the local or regional labour markets which could get out of hand and end up by destroying jobs and endangering social peace.

7. Conclusions

7.1. Towards social security for agricultural seasonal workers in the Europe of the future

7.1.1. Any more accurate statistical picture of agricultural seasonal labour (see point 3 above) will have to include the countries of North Africa and the CEEC, or at least those countries seeking to join the European Union. This survey must keep pace with the de facto enlargement and, as far as possible, predict any emerging changes of direction. It is not enough merely to note aggregate figures and causes; regional breakdowns, trends and specific case studies are also of interest.

7.1.2. There should be no delay in gathering further statistical information (especially through Eurostat) in preparation for the implementation of new policy instruments.

7.1.3. The fact that seasonal labour is such a permanent fixture makes it all the more urgent to start implementing the proposed changes forthwith, not least to give people who work only periodically or irregularly some form of social security in a Europe which prides itself on its sense of civic responsibility.

7.1.4. Seasonal workers are not fringe groups or economic refugees. Nor, however, are they organized in any way. They have no real voice to protect their interests and are probably to a large extent deprived of elementary information on what options and rights they have within the EU.

7.1.5. As an integrated and integrating factor in the pan-European economic network which goes beyond the borders of the European Union, seasonal workers are a group whose long-term concerns should be taken into account by the EU authorities as an example of European understanding.

7.1.6. A more detailed picture of the scale and breakdown of the economic benefits and of the cost to the various operators (e.g. social security authorities) will enable the individual interest groups across the whole seasonal labour spectrum to formulate their demands for a revised set of rules.

7.2. Interest groups and joint policy instruments to consolidate the economic and cultural benefits of migrant labour in Europe

7.2.1. There are many positive examples of social and working relations being regulated for the benefit of all concerned. Confused situations, however, will always attract certain people who try to gain profits for themselves, while shunting the costs onto others. The inevitable result is that they are thus able to steal a march on their trading partners.

7.2.2. In view of this, no effort must be spared to bring some degree of clarity into the situation. Everyone has an interest in working together to solve this problem:

- workers seeking seasonal labour who want to boost their income, improve their personal lot or gain new experience;

- periodic, one-off or merely potential employers in various sectors of the economy (crop production, animal husbandry, mixed farming, horticulture, livestock services, fruit and vegetable processing, forestry etc.);

- regions which, in their desire to maintain their own structures and economic performance, either seek out jobs for their citizens in other regions or solicit workers from other regions;

- production sectors and allied branches of trade and industry which depend on upstream sectors operating smoothly;

- social security systems onto which 'illegal` seasonal and migrant workers are forced to fall back in the event of an accident and which have to find ways of meeting the costs;

- national governments and the EU whose job it is in the final analysis to develop a uniform framework for seasonal workers;

- national parliaments which must promote a uniform framework of this kind;

- the two sides of industry which must work together as part of this new framework to solve matters relating to the employment and role of seasonal and migrant workers as part of collective or 'in-house` agreements.

7.2.3. A dialogue is needed in which all sides can put forward their points of view, even if conflicting, in order to arrive at some degree of understanding.

7.2.4. A sense of joint responsibility is required here, particularly in studying those aspects of seasonal labour which force poverty-stricken and poorly informed people into unacceptable employment situations.

7.2.5. Discussion and education events should be organized for interested parties and target groups with a view to continuing the debate, drawing up options for action and solutions, and offering a modest vision for the future: the possibility of developing seasonal labour actively as an economic and cultural factor in Europe.

Brussels, 1 October 1997.

The President of the Economic and Social Committee

Tom JENKINS

() Italy is also the destination of migrant workers from central Africa and Pakistan, but mainly from Albania.

() See Appendix 1.

() See Appendix 2.

() See Appendix 3.

() In some areas of Italy, tension has flared up between migrant workers and the indigenous labour force, particularly in times of economic hardship. One of the reasons for this is that some farms employ migrant workers from outside the Union illegally as an alternative to, and competition for, native workers. In Austria the government has taken measures to counter this.

() In France it is possible to accumulate several periods of marginal employment by means of an attestation (cheque-book) and to make social security and pension claims on this basis.

() For instance, in some Member States seasonal workers specialized in grafting are in reality employed by tree nurseries but treated as self-employed.

() In Germany, for example, this group is growing apace, since the entry into force of the federal social security reform act of 24 June 1996 in which so-called 'workers' aid` is designed to encourage people to accept seasonal work. However, initial reports suggest problems in placing these German workers; employers too may face certain difficulties if, as expected, these workers' motivation is low.

APPENDIX to the opinion of the Economic and Social Committee

The following appendices provide an ad hoc survey of a few Member States and are not suitable for drawing satisfactory conclusions on the situation in the EU.

Appendix 1 Italy

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Appendix 2 France

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Appendix 3 Germany

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According to this survey, the percentage increase in the remaining sectors - agriculture mainly - is running well into double figures.

Despite the fact that whole sectors of the economy have been excluded, the overall figure for 1996 is higher than for 1992, offsetting the impact of the measures introduced.