WRITTEN QUESTION No. 3036/96 by Elly PLOOIJ-VAN GORSEL to the Commission. 'Cheap' British labour on the Netherlands continental shelf
Date: 1996-10-31
Institutions: European Parliament, PLOOIJ-VAN GORSEL
Subjects: Netherlands, United Kingdom, labour law, migrant worker, offshore oil structure, pay, social legislation, social security













EUR-Lex - 91996E3036 - EN






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91996E3036

WRITTEN QUESTION No. 3036/96 by Elly PLOOIJ-VAN GORSEL to the Commission. 'Cheap' British labour on the Netherlands continental shelf  


Official Journal C 091 , 20/03/1997 P. 0062 





WRITTEN QUESTION P-3036/96 by Elly Plooij-van Gorsel (ELDR) to the Commission (31 October 1996)Subject: 'Cheap' British labour on the Netherlands continental shelf1. Is the Commission aware that the Netherlands continental shelf is being flooded with British labour because wages and the level of social security provisions are lower in Britain than in the Netherlands?2. Does the Commission consider it undesirable that there is competition as regards social aspects in the internal market?3. Does it consider that this problem will disappear with the implementation of the directive on the availability of workers with a view to the performance of services?4. Does it anticipate problems in the implementation of this directive in the United Kingdom, in view of the fact that this Member State voted against it? If so, what action does the Commission intend to take?Answer given by Mr Flynn on behalf of the Commission (12 December 1996)1. According to the information at the Commission's disposal, and taking all forms of employment into account, around 5 000 workers are employed in Netherlands offshore operations. However, the Commission has not received any information to suggest that a large number of workers from the United Kingdom are involved in such activities or that such workers are covered by social security provisions that are less favourable than those in force in the Netherlands.2. As far as social security provisions are concerned, Regulation (EEC) No 1408/71 ((OJ L 149, 5.7.1971, most recently amended by Regulation (EC) No 3096/95 (OJ L 335, 30.12.1995). )) is applicable in the case in point.3. As far as the provisions of labour law are concerned, reference is made to the European Parliament and Council Directive, adopted on 16 December 1996, concerning the posting of workers in the framework of the provision of services ((OJ L 18, 21.1.1997, p. 1. )).In general terms, this Directive states that a worker who is posted in connection with the transnational provision of services may not be deprived of a 'hard core' of labour law rights, especially in respect of the minimum wage, in force in the Member State in which the services are being provided. The Directive applies in particular to situations in which workers are posted to oil rigs or drilling platforms situated, for example, in waters under the jurisdiction of a Member State, such as the continental shelf.4. The Directive applies without exception to all Member States, which have three years from the date of its adoption to introduce appropriate implementing measures. The Commission will ensure that the Directive is properly transposed.