Debate: European protection of cross-border and seasonal workers in the context of the COVID- crisis
Date: THURSDAY, 18 JUNE 2020
Speaker: Nicolas Schmit
Language: EN

The role of the Commission is clear – ensure free movement of workers. In this context, on 30 March the Commission published guidelines concerning the exercise of the free movement of workers. The goal was for frontier, posted and seasonal workers exercising critical occupations to have unhampered access to their workplace. We talk a lot about frontline workers and I have to repeat that among these frontline workers there are a lot also of seasonal workers who have played an indispensable role and have worked for critical goods and services like, for instance, foods.  To ensure further clarity regarding social security, the Commission also published a fact sheet of questions and answers, including information for the attention of frontier and posted workers affected by the restrictions on free movement related to COVID—19. Based on the dialogue with Member States and stakeholders, we note that the guidelines have had a positive effect. We continue to monitor that the measures adopted by the Member States are necessary and proportionate for the fight against the spread of the virus and non—discriminatory.  Important sectors of the European economy, in particular the agricultural and tourism sectors, require the support of seasonal workers for specific periods of the year. Seasonal workers are often vulnerable to abuses and precarious working and living conditions, including health and safety, access to public services and decent housing, infringement of labour law and inadequate social security coverage. They are also more exposed to undeclared work, in particular in the form of unregistered employment.  The COVID—19 pandemic rendered more visible and acute the problems that many seasonal workers have faced for longer periods. While the situation has been improving recently, significant problems for seasonal workers still persist and need to be addressed. The principle applied to seasonal workers is very, very clear – equal treatment and no discrimination of EU mobile workers compared with national workers. This ensures the best protection for EU mobile workers, including for cross—border and seasonal workers. It means, for seasonal workers, they have exactly the same rights as nationals or residents of the Member State in which they work.  Equal treatment requires proper application of national labour law, including those laws which result, from EU directives, to mobile workers. Given that certain sectors of the economy, and especially the agricultural sector, require the support of seasonal workers from other Member States, the Commission asked Member States to exchange information and establish specific procedures to ensure smooth circulation for such workers. In this respect, I welcome the joint declaration on the protection of seasonal workers signed on 15 May by the European social partners in agriculture. I also welcome the announcement by a Member State to adapt its national legislation and to better control its application.  Our data confirms that the seasonal activities are exposed to undeclared work, often associated with abuses or limited access to social rights and health and safety for workers. In this context, it is essential to raise workers’ and employers’ awareness towards the benefits of declared work and the transition to declared work. This is actually the focus of the EU for Fair Work campaign of the European platform on tackling undeclared work. Europe can also play a role in this context by developing actions with a focus on activities for cross—border workers, seasonal workers and, especially, young people. In the near future, both the platform and the US—European coordination office will be transferred to the European Labour Authority (ELA). Once fully operational, the ELA will assist Member States and the Commission in the effective application and enforcement of Union law related to labour mobility across the Union and the coordination of social security systems within the Union.  One of the aims of the EU rules on social security coordination is to ensure that persons who work in two or more Member States, such as seasonal workers, are subject to the legislation of the Member State with which they have the closest links, promoting stable and continuous social security coverage. Frequent changes in the applicable social security legislation may create an obstacle to the free movement of workers.  I am convinced that the mutual assistance and cooperation between Member States, such as the conclusion of bilateral agreements or making available information in the language of the seasonal workers on social security issues is essential to protect the rights of seasonal workers. The revision of the Social Security Regulation for which the Commission made a proposal back in 2016 is still being discussed between Parliament and Council. I am fully committed to help you finalising this important modernisation of the rules as soon as possible. I also want to repeat my full support for the introduction of a European social security number, requested in your draft resolution.  Let me also make an important point on the health and safety of workers. Given the unprecedented crisis we are going through, this is one of the issues where we cannot fail our citizens. We have solid EU legislation on health and safety at work that applies to all workers, independently of the country where they work, the duration of the assignment or the precise tasks carried out. Ensuring the health and safety of workers is our shared responsibility. It is the employer’s obligation to comply with all requirements and assess all possible risks at work, including new ones, and to put in place adequate preventive and protective measures. The completeness of this evaluation is particularly important in sectors where workers may be particularly exposed. Employers are also obliged to provide workers with related information as well as necessary protective equipment and hygiene products. Besides the guidelines on seasonal workers under preparation by the Commission, the EU has taken numerous steps to support Member States in this regard. But I have to add that it is Member States’ responsibility to control the application of the rights and labour standards which are also applicable to seasonal workers.  The EU European Agency for Health and Safety at Work has published guidance addressing COVID—19 at the workplace, as well as the safe and healthy return to workplaces after COVID. These documents assist employers in dealing with health and safety aspects at work. They also refer to the relevant national guidance for specific sectors and occupations, including those that are particularly susceptible to employ seasonal workers.  I assure you that the protection of workers’ health and safety is one of my main priorities for the years to come. I will be working closely with the members of the European Parliament, notably in view of updating the strategic framework of health and safety at work that will provide us with opportunities to look at post—COVID—19 health and safety implications at the workplace, including for the most vulnerable workers.  We are not forgetting that many seasonal workers are third country nationals and the COVID—19 crisis has had a significant impact on the possibility for these workers to enter the Union. The Commission considers that these workers, in particular in the agricultural sector, often have an essential function. Therefore, already in March, we recommended Member States to authorise the entry of non—EU seasonal workers in agriculture, despite the closure of the EU external border.  I welcome your resolution as an important contribution to future policy making. We want to achieve the same goal, ensuring that the rights of seasonal workers are protected, that the EU rules are enforced, and that the pillar of social rights applies to everybody.