EN Official Journal of the European Union CE 78/296

(2004/C 78 E/0298)

WRITTEN QUESTION E-3534/03

by José Ribeiro e Castro (UEN) to the Commission

(28 November 2003)

Subject: Portuguese workers abroad

The Portuguese press claims that a growing number of Portuguese workers are being tricked by temporary job agencies, who place them abroad in exploitative situations.

The UK is apparently one of the first Member States where these problems came to light. Since then, there have been accusations of exploitation of Portuguese workers in the Spanish farming industry, in floriculture and the building and machine industry in the Netherlands, in Italian shipyards, in France, and most recently, in Iceland, in tunnel and dam building projects.

Apparently promises of higher salaries and good working conditions are used to lure ‘taxi’ companies, so called because they appear and quickly vanish, without giving the Portuguese General Labour Inspectorate time to react.

Despite a substantial stepping up of General Labour Inspectorate activity, the belief is that the transnational network modus operandi of many ‘taxi companies’ means that there needs to be better coordination and exchange of information and experience between similar services in the countries of origin and the host countries.

The Commission:

— What information does it have about the exploitation of Portuguese workers abroad?

— Is it weighing the possibility of providing any special aid for potential more serious human situations?

— What steps has it taken or will it take to guarantee the correctness of the contracts binding these workers, and the quality of their working conditions concerned?

— Has it made any contact with the host countries, with a view to alerting them to the possibility that these workers may be in exploitative situations?

— How does it intend to help fight the proliferation of ‘taxi companies’ illegally recruiting workers, which are competing unfairly with legal temporary job companies?

— Is it considering adopting any new ways of alerting European workers to the inherent risks of being recruited for temporary work by illegal agencies?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(12 January 2004)

The Commission deplores the fraud described by the Honourable Member, which, it has recently learned, seems to be on the increase in relation to Portuguese workers. However, the Commission must point out that monitoring compliance with working and employment conditions is primarily the responsibility of the national authorities.

It is not clear from the question whether the situations described fall within the scope of Directive 96/71/EC (1) concerning the posting of workers in the framework of the provision of services. Insofar as this is the case, the system of cooperation on information established by Article 4 of this Directive applies. Such cooperation consists in particular of replying to requests from monitoring authorities for information on the transnational hiring-out of workers, including abuses or possible cases of unlawful transnational activities. The Commission facilitates this process with its own resources by linking the various monitoring authorities. To this end, and in order to solve the practical problems encountered by the national authorities in this area, a group of government experts has been set up at the initiative of the Commission to examine these questions in greater detail. It is also looking at ways of gaining easier access to information on the working and employment conditions applicable in the host country.

(1) 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, OJ L 18, 21.1.1997.