WRITTEN QUESTION E-3561/03 by Jan Andersson (PSE) to the Commission. Parasubordinated workers and social dumping.
Date: 2003-12-01
Institutions: European Parliament, Provisional data
Subjects: Sweden, building industry, competition law, labour law, labour market, self-employed person, social dumping, temporary employment agency

C 78 E/590

Official Journal of the European Union

EN

27.3.2004

where rail services are planned. Any railway undertaking that sees an opportunity to operate services on
those links can do so. Groningen is located on the TERFN. Within this context though, it must be observed
that Directive 91/440/EC, as amended, requires railway undertakings to be managed according to the
principles which apply to commercial undertakings.

The development of the Groningen Rail Service Center has been part of priority 1 (Industry, business
services and tourism), as set out in the Single Programming Document (SPD) for the Objective 2 areas of
Groningen-Drenthe in the Netherlands approved by the Commission in 1997. The contribution from the
structural funds for this priority in the 1997-1999 period was 32,4 % (EUR 74,25 million).

(1) Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways, OJ L 237, 24.8.1991.
(2) Directive 2001/12/EC of 26 February 2001 of the Parliament and of the Council of 26 February 2001 amending

Council Directive 91/440/EEC on the development of the Community’s railways, OJ L 75, 15.3.2001.

(3) Directive 2001/13/EC of 26 February 2001 of the Parliament and of the Council of 26 February 2001 amending

Council Directive 95/18/EC on the licensing of railway undertakings, OJ L 75, 15.3.2001.

(2004/C 78 E/0623)

WRITTEN QUESTION E-3561/03

by Jan Andersson (PSE) to the Commission

(1 December 2003)

Subject:

‘Parasubordinated’ workers and social dumping

A problem which has arisen within the Swedish labour market over the past few years, mainly in the
construction sector, is that workers from the candidate countries are working for pay and under working
conditions far interior to those offered by Swedish collective agreements. These workers, from Poland and
elsewhere, are able to evade the existing regulations by being given the status of self-employed workers, in
spite of the fact that they should to all
intents and purposes be regarded as employees. Behind this
arrangement is often a kind of hiring firm which acts as an agency supplying the services of the foreign
workers to the Swedish contractors, and helps them to obtain the ‘F tax certificates’ and other required
documentation. The hiring firms in these cases should clearly be regarded as employers, but they act on
the basis that they are merely an agency for services carried out by self-employed workers.

If this practice increases in extent, it will lead to widespread social dumping. The situation is surely not
unique to Sweden.

1. What is the Commission’s view of this situation?

2.

Does the Commission propose to take any measures with a view to dealing with this problem?

Answer given by Ms Diamantopoulou on behalf of the Commission

(22 January 2004)

It is not clear from the Honourable Member’s question whether the circumstances described fall within the
scope of 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 (1).

In the case of postings within the meaning of this Directive, the definition of a worker is that which
applies in the law of the Member State on the territory of which the worker is posted, according to
Article 2(2).

If, however, these are placements with the objective of having the workers habitually perform their work
in Sweden, the ratione personae scope of the working and employment conditions is, in general, also
determined by Swedish law.

In view of this, it is up to the host Member State to ensure that the category of persons mentioned by the
Honourable Member is covered by its worker protection legislation.

(1) OJ L 18, 21.1.1997.