Opinion of the Economic and Social Committee on the "Elaboration of an initiative aimed at establishing a regulatory framework for the employment of migrant agricultural workers from non-EU states"

(2000/C 204/19)

On 21 October 1999 the Economic and Social Committee decided to draw up an opinion, under Rule 23(3) of its Rules of Procedure, on the "Elaboration of an initiative aimed at establishing a regulatory framework for the employment of migrant agricultural workers from non-EU states".

The Section for Agriculture, Rural Development and the Environment, which was instructed to prepare the Committee's work on the matter, adopted its opinion on 10 May 2000. The rapporteur was Mr Wilms.

The Committee adopted the following opinion, with 65 votes in favour and one abstention at its 373rd plenary session on 24 and 25 May 2000 (meeting of 24 May).

1. Introduction - Reasons for the opinion

1.1. Migrant workers - both male and female - are employed in various sectors of the EU economy. They are, however, concentrated in agriculture as it is in this sector - more than in all the other sectors of the economy - that they help determine the structure of the industry.

1.2. The Economic and Social Committee is addressing itself in this own-initiative opinion to the Council, the European Parliament, the European Commission and the social partners with a view to highlighting the fact that migrant agricultural workers, who represent an important group of workers, have poor social security cover. In contrast to travelling journeymen (skilled craftsmen), who form part of an old tradition and whose travelling is viewed positively, migrant agricultural workers are, in the Committee's view, victims of a social taboo which can only be removed by taking long overdue action. The fact remains, however, that there have been no improvements in the situation of migrant agricultural workers since the ESC adopted an own-initiative opinion on this matter in April 1991, setting out detailed proposals for improvements.

1.3. Migrant agricultural workers provide a major and indispensable service to agriculture in the EU. Against a background of an increasing shortage of skilled workers in various Member States, their services are particularly vital. Recent events, in particular the intensification of the single market, the proposed enlargement of the EU, the disappearance of ideological frontiers in central and eastern Europe and the migratory movements in the Mediterranean area triggered by civil war and poverty have, however, wrought major changes in the situation of migrant agricultural workers. These changes are reflected in the way employment is organised in agricultural enterprises and have also had a considerable impact on the labour market at both local and national levels.

1.4. In view of the high level of unemployment in the individual EU Member States, EU labour market policy is of particular importance. The aim of this policy is to bring down the level of unemployment. In its different guises as a self-contained sector, in its relation to upstream and downstream markets and as a player in both land-use policy and structural policy - agriculture is of key importance to the labour market as it could make an effective contribution towards combating unemployment.

1.5. Agriculture in the EU will have to contend with further dramatic changes in future. The planned accession of new Member States from central and eastern Europe will, unlike the earlier enlargements of the EU, result in a tremendous increase in the numbers of migrant agricultural workers, particularly in the northern and central European Member States. Considerable changes are also on the horizon in the southern European Member States. In the case of these states, additional factors come into play, such as the movements of war refugees from south-eastern Europe and population influxes, particularly from North Africa. Greater clarity is therefore required as regards the legal differences between migrant workers from non-EU states and migrant workers from the applicant states.

1.6. It is essential for the Council, the European Parliament, the European Commission and the social partners to address the problems raised in this own-initiative opinion and to work out suitable solutions in order to safeguard the harmony of the labour market, to promote economic growth and cut unemployment. The Committee's opinion provides adequate starting points in this respect. The aim of all solutions put forward should be to end the social and political taboo surrounding this issue and to provide agricultural workers with legitimate protection.

2. Urgent nature of the opinion

2.1. There has been a sharp increase in the number of migrant workers in the EU; in some cases the number of migrant agricultural workers already exceeds the number of indigenous agricultural workers. In a number of places indigenous workers are being displaced by migrant workers. Migrant workers in the central European EU States come almost exclusively from states which have applied to join the EU; in the case of south-eastern European Member States, however, the migrant workers come in particular from North Africa and, to an increasing extent, also from south eastern-Europe and Asia.

2.2. In the applicant states a very high proportion of the work-force is employed in the agricultural sector (e.g. in Poland approx. 25 % and in Hungary approx. 10 %). As agriculture in these states is aligned with that in the EU, it is likely that very few new jobs will be created as a result of restructuring but that the majority of the existing jobs will soon disappear. Developments which go against the prevailing trend, such as those currently taking place in Poland and Bulgaria, where the agricultural workforce has expanded, have been partly brought about by industrial and commercial restructuring but are, for the most part, an indication of dire poverty.

2.3. People are migrating from a number of African states to the southern EU Member States, driven, in particular, by a desire to escape economic deprivation and political instability in their home countries. As only bilateral arrangements for freedom of movement have been concluded with these countries - unlike the applicant states - EU law on freedom of movement will also not apply to them in future.

2.4. The Commission departments concerned do not have adequate resources for tackling this pan-European problem. In spite of the ESC's demands, the Commission's Agriculture DG does not have responsibility for addressing this agricultural problem. The Social Affairs DG also does not have adequate resources for tackling it.

3. Employment of migrant agricultural workers in the EU

3.1. As a result of increasing specialisation, agricultural enterprises require additional workers particularly at peak times. Seasonal workers have traditionally been taken on to meet peak demands for labour, particularly at harvest time. Such workers generally used to be drawn from the indigenous workforce, but they now increasingly come from other countries.

3.2. There are many reasons why agricultural enterprises employ migrant workers - generally as seasonal workers - namely:

- because of the demographic changes resulting from the restructuring of agriculture, there is a shortfall in local or indigenous labour;

- the available, indigenous unemployed do not always match up to the requirements of agricultural enterprises in terms of motivation, skills and mobility;

- as a result of disparities in currency values and the attendant purchasing power benefits, non-EU workers are ready to work for much lower wages;

- some migrant workers have jobs in their own countries and regard migrant work as an additional source of income; they are therefore ready to work for low wages, or less than the standard rate;

- it is in many cases easier to deal with migrant workers as they are employed on a temporary basis;

- by taking on migrant workers, some savings can be made as regards additional social security contributions (e.g. for additional benefits provided under wage agreements).

3.3. Unemployed persons, for their part, are not very interested in seasonal employment for the following reasons:

- it may involve unaccustomed working hours, climatic conditions and physical efforts, such as having to work in fixed positions;

- the pay is usually too low and it is rarely possible to secure lasting employment;

- if unemployed workers receive a relatively small wage, their unemployment benefit may be reduced accordingly.

3.4. Problems arise primarily as a result of migration from non-EU states. Driven by the need to find additional workers, agricultural undertakings are taking on foreign workers, above all from central and eastern European countries; in southern Europe, migrant agricultural workers tend to come from central European states and, in particular, also from north Africa, the Maghreb states and recently, to an increasing extent, also from Asia.

3.5. Observations have highlighted two trends. On the one hand, as a result of changes in work organisation, brought about by, for example, the slotting-together of arrangements for migrant work (interlinked labour contracts), local workers may lose their jobs with migrant workers being taken on in their place. On the other hand, jobs which are under threat may be safeguarded for long periods by the employment of migrant workers.

4. Employment of migrant workers in the EU

4.1. There are increasing differences in the way in which the employment of migrant workers is viewed in Europe. A number of EU Member States are regulating the access of migrant workers by issuing labour permits, whose number varies from state to state. The social partners are involved to differing extents in the establishment of quotas in the individual Member States.

4.2. The quotas which have been set do not, however, match the demand for jobs with the result that, in addition to the legally-authorised migrant workers, a number of undeclared (illegal) migrants are offering their services in the agricultural sector.

4.3. Legally-employed migrant workers are by law subject to collective agreements, labour law and social legislation in the respective host state.

4.4. Fewer migrant workers are being admitted to the applicant states because of the labour-market situation in those states. The social partners in the central and eastern European states maintain that a higher percentage of illegal migrant workers than legal migrant workers enter these states from their eastern neighbours, in particular Ukraine and Romania. These migrant workers do take up some jobs previously occupied by indigenous workers who have themselves moved to the EU to work as migrant workers ("corridor migration").

4.5. It became clear during the preparation of this opinion that, in spite of previous work in this field, including work by the ESC(1), there is still insufficient data available - in both quantitative and qualitative terms - on migrant agricultural workers. Individual states are recording only piecemeal data on migrant workers. Virtually no analyses are available in respect of specific groups and data is not being collated at EU level.

4.6. There are many bilateral and international agreements on the exchange of migrant workers. Poland alone has adopted about 30 Treaties, government declarations and protocols with ten different states (both EU and non-EU states) to regulate reciprocal arrangements in respect of the employment of workers and trainees.

4.7. Migrant workers employed in agricultural enterprises in the EU usually carry out unskilled work and routine tasks which sometimes fall below their level of skills. As a result, the supplier countries are deprived a potential pool of skilled workers.

4.8. The employment of migrant workers does, however, also have a beneficial impact on the supplier countries. It temporarily eases the pressure on the labour market and workers bring home foreign currency which boosts incomes and purchasing power. The professional experience acquired by migrant workers may also in some cases serve as a transfer of "know-how".

4.9. Legal residency periods for migrant workers varies from Member State to Member State; it can be as short as three months or as long as one year.

4.10. The accession of the applicant states to the EU will usher in radical changes as regards employment in agriculture. Agricultural workers losing their jobs in their respective countries will probably not be able to find sufficient work outside agriculture. There is a danger that - as has been the case in the new "Länder" of the Federal Republic of Germany, from 1990 to the present day - a radical restructuring of agriculture would lead to mass unemployment in the rural areas of the applicant states. Against this background use of migrant work can ease the pressure on the labour market of the labour-supply states. This impact will be considerably strengthened if migrant work is incorporated into comprehensive labour-market blueprints. The regional cross-border labour markets which have developed will also be extended and intensified.

4.11. The employment of illegal migrant workers is a phenomenon which is particularly inhumane, poses a threat to the labour market and is economically destabilising. The Committee recognises the scope and importance of this phenomenon. Despite the fact that, by the very nature of this work, data is not available, the Committee would draw attention to the fact that illegality is a particular problem with regard to migrant agricultural workers.

5. Conclusions - Need for regulation

5.1. General conditions

5.1.1. The negotiations with the central and eastern European applicant states must take account of national levels of development in the respective states. The actual level of economic and social development is a key factor in determining the progress of the accession negotiations between the applicant states and the EU. This should apply both as regards the timetable for accession and also the legal aspects of the negotiations. Structural aid measures to help the states concerned develop their infrastructure and to help create jobs are of major importance here. Greater emphasis needs to be placed on promoting rural development.

The ESC is fundamentally in favour of establishing adequate transitional arrangements - including derogations for limited periods - in order to control the impact of freedom of movement for workers. Such transitional arrangements or derogations should take account of actual developments in each individual applicant state. Once the measures have had the desired impact with regard to these developments, the transitional arrangements or derogations should be terminated.

5.1.2. The plethora of bilateral agreements on influxes of migrants, quotas, etc. clearly demonstrate that there is a need for (a) an EU policy on migration, which should include the necessary provisions for tackling the issue of migrant agricultural workers in future, particularly as regards the examination of priority employment offers, and (b) to start negotiations in the Council with a view to finally consolidating the wide range of national provisions under an EU Directive.

5.2. Proposed initiative

5.2.1. The Committee puts forward the initiative set out below with a view to providing a future legislative framework for migrant agricultural work.

5.2.2. The social partners in the EU agricultural sector have been discussing the problems of migrant workers for a number of years. Many efforts have been made, at different levels, to improve the economic and social lot of these workers. The Committee intends to monitor and support these efforts.

5.2.3. The Committee notes that the social partners have indicated that they intend to pursue their efforts under the sectoral social dialogue and to introduce measures under Articles 138 and 139 of the EC Treaty. The Committee asks the Commission to open consultations on this initiative by the social partners and to give the initiative its support.

5.3. Observatory

5.3.1. To permit informed discussion, to draw the necessary conclusions from this discussion and to formulate initiatives, it is vital for those involved in the process to have a quantitatively and qualitatively comprehensive fact-finding and advisory machinery at their disposal. A key element should be the establishment by the Commission, with the participation of the social partners, of an agricultural migrant work observatory.

5.3.2. The observatory's role is to work together with official bodies to record and analyse migration movements and to formulate proposals, addressed to the EU institutions and the other parties involved, for improving the situation of migrant workers. The observatory could provide information and advice for employers associations, trade unions, self-help groups, administrations and political bodies. It should tie in with the existing EU initiatives and help to network their operations.

5.3.3. The Committee urges the Commission to support the efforts of the social partners and to provide funding for the establishment of an observatory to monitor the employment of migrant agricultural workers in the EU. The Commission should also encourage the Member States, too, to establish networks at national or regional level, with the involvement of the social partners, to provide information and advisory services.

5.3.4. The relevant data can be made available in electronic form which is accessible to the social partners, the administrative bodies concerned, the European Commission, politicians and all other interested parties. This work should be linked to Commission projects in areas such as the establishment of data bases.

5.4. Identity card

5.4.1. The social partners in the agricultural sector in the EU and the applicant states have started to draft bilateral agreements providing for closer cooperation. One aspect of these agreements is the provision of improved protection for migrant workers.

5.4.2. A written work permit should be introduced in order to protect migrant workers; this permit should be carried by the migrant worker when working and produced on request. In addition to personal data, the permit should include, in particular, data in respect of social security and skills. The introduction of such a written work permit would make it possible to verify the legal status of migrant workers. Unregistered migrant workers could be identified via these permits, which would thus provide individual migrant workers with real protection against the effects of illegal work. Written work permits would also entitle individual migrant workers to obtain protection from trade unions in the host country and to receive support from institutions such as employment services, chambers of trade and industry and educational organisations. The Committee calls upon the Commission to promote pilot schemes for written work permits, in the form of ID cards, by promoting pilot schemes.

5.5. Management of the measures

5.5.1. Seasonal workers will continue to be needed in the future to ensure an effective EU agricultural sector. There will be a need in future to draw up rules governing the conditions of employment of workers from non-EU states.

5.5.2. Freedom of movement in the European Union also includes the right of migrant workers to change jobs. Once workers from non-EU states have been issued with a work permit by one EU Member State, they are entitled to migrate to other EU Member States. Hence the importance for all Member States of the issue of admitting migrant workers. The ESC urges the Commission to clarify the legal issues involved and to find an overall EU solution to the question of migrant workers from non-EU states, in conjunction with the Member States and the social partners.

5.5.3. The Committee urges the Commission to encourage the Member States to involve the social partners in the establishment of national quotas.

5.6. Administration

5.6.1. State bodies, enterprises and migrant workers have to comply with an almost impenetrable array of rules, laws and regulations. As harmonisation advances within the EU, these provisions need to become more transparent. Making administrative provisions simpler and more transparent, particularly those concerning employers and employees is, in the Committee's view, a matter of urgency.

5.6.2. The Commission is called upon to survey all the existing bilateral agreements on matters relating to migrant workers concluded between EU Member States and the accession states. The Committee expects this survey to provide facts which will enable it to put forward proposals and initiatives for simplifying the existing provisions. There is a need to establish uniform EU criteria for provisions governing migrant workers, in the interests of both the supplier countries and the host countries.

5.7. Further training

5.7.1. Training measures are a key instrument for enabling not just migrant workers to find employment in agriculture in future. Such measures can also provide other groups, such as those with low skills, unemployed persons and persons suffering other disadvantages, with a good basis for finding employment in agriculture. There is therefore an urgent need to give the employment services in the Member States the requisite instruments to enable interested parties to find out about the abovementioned training facilities and to gain access to them.

5.8. Inspections

5.8.1. Stricter controls are not the only way to ensure that legislation and wage agreements are adhered to, or to tackle illegal employment, in order to protect migrant workers. The requisite funding must be made available to inform and educate workers, enterprises and also members of the public.

5.8.2. The education campaign does, however, also need to be backed up by closer cooperation between investigating bodies at EU level, as illegal trafficking in migrant workers is a cross-frontier operation. The Commission is therefore called upon to press for (a) greater EU level coordination in investigating and prosecuting those involved in illegal employment and (b) the provision of the requisite staff and funding.

5.9. Social security

5.9.1. Migrant workers play a crucial role in agriculture in the EU. They must enjoy the same economic and social rights as all other workers. They make a key contribution to the development of the primary sector and they should also benefit from its achievements. Two important achievements are the social security systems and the supplementary pension funds which exist in some EU States. All forms of discrimination against migrant workers must be stamped out.

5.9.2. The Committee urges the Commission to review the social security schemes operating in the agricultural sector and to work with the social partners to devise possible ways of covering migrant workers. In this context, the entitlements earned by migrant workers under social security schemes should be safeguarded and pension rights earned by individuals should be transferable to their respective home states.

Brussels, 24 May 2000.

The President

of the Economic and Social Committee

Beatrice Rangoni Machiavelli

(1) OJ C 355, 21.11.1997, p. 51 et seq.