WRITTEN QUESTION E-1861/02 by Ilda Figueiredo (GUE/NGL) to the Commission. Working conditions of seasonal workers.
Date: 2002-06-28
Institutions: European Parliament, Provisional data
Subjects: EU employment policy, Spain, application of EU law, labour law, labour standard, seasonal worker, working conditions

5.12.2002

EN

Official Journal of the European Communities

C 301 E/241

However, it should also be pointed out that the Commission has just adopted a follow-up communication
to the Green Paper on EU Consumer Protection (1). This communication launches a further round of
consultation on a possible framework directive on fair commercial practices. This consultation concerns
the regulation of commercial practices, including advertising, misleading and unfair commercial practices,
and the use of harassment or other undue influence. The communication also mentions the idea that,
where a business consciously directs its activities at a specific vulnerable group of consumers (such as
children), the ‘consumer detriment’ criterion must be adjusted accordingly.

(1) COM(2002) 289 final.

(2002/C 301 E/255)

WRITTEN QUESTION E-1861/02

by Ilda Figueiredo (GUE/NGL) to the Commission

Subject: Working conditions of seasonal workers

(28 June 2002)

In a Portuguese television broadcast of 16 June 2002, it was stated that farmers in the Basque Country
in
(Spain) are exploiting temporary seasonal workers from Portugal who come to pick strawberries,
conditions which in some cases even verge on slavery.

Can the Commission answer the following:

1. Has it asked for information on the predicament of Portuguese workers employed in conditions of

near-slavery in the Basque Country?

2. What action does it intend to take to deal with this problem?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 July 2002)

The Commission has no specific information on the working and living conditions of Portuguese

1.
workers, which the Honourable Member describes.

However, there are minimum requirements and provisions on working conditions set out by Community
legislation in order to provide appropriate protection for employees’ health and safety. For example, under
Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of
working time (1), Member States shall take the measures necessary to ensure that every worker is entitled to
a minimum daily rest period of 11 consecutive hours per 24-hour period and the average of working time
for each seven day period does not exceed 48 hours. Member States shall also ensure that employers fulfil
their obligations to inform employees of the conditions applicable to the contract or employment
relationship (Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform
employees of the conditions applicable to the contract or employment relationship (2)). Moreover the
posting of workers Directive (Directive 96/71/EC of the Parliament and of the Council of 16 December
1996 concerning the posting of workers in the framework of the provision of services (3)) lays down
certain conditions of employment, including minimum rates of pay, health, safety and hygiene at work,
which must be observed in the Member State where the posted worker performs his work. It also states
that undertakings established in a non-Member State must not be given more favourable treatment than
undertakings established in a Member State.

2.
Any alleged breach of the Member States’ legislation implementing the provisions of Community
legislation in a particular Member State is a matter to be addressed to the competent authority of the
Member State concerned.

(1) OJ L 307, 13.12.1993.
(2) OJ L 288, 18.10.1991.
(3) OJ L 18, 21.1.1997.