New powers proposed for Europe’s Labour Authority are crucial to tackling exploitation and raising the quality of jobs for the 14 million EU citizens who work in a member state other than their own, trade unions say.

Proposals announced as part of the Fair Labour Mobility Package, published today by the European Commission, follow a long-running campaign by the European Trade Union Confederation (ETUC) for the ELA to be given the powers it needs to carry out its role effectively. They include:

  • New powers to access and process data that will help inspectors identify and investigate cases of social dumping.
  • The creation of a European Social Security Pass will equip authorities to better tackle social fraud and help mobile workers prove and claim their social security rights when they are in another European country.
  • The extension of the ELA’s mandate to non-EU migrant workers. The ETUC stresses that ELA’s competences must remain limited to the enforcement of labour rights only and not be extended to immigration enforcement, so that migrant workers can safely speak up against abusive employers without fear of retaliation.
  • Enabling the Authority to grant funding to grassroots services for workers is another key proposal to effectively complement ELA’s EU-level activities. This should help to strengthen trade union initiatives like the Fair Labour Mobility EU network, providing personal multilingual advice to help vulnerable workers claim their rights abroad.

ELA supported 138 inspections last year, with non-payment of wages, exclusion from social security, dangerous working conditions and falsified documents among the most common risks faced by workers. This needs to be scaled up, as noted in a European Commission report, concluding that the Authority’s “potential has not been fully developed due to limitations in the mandate.”

The idea, mentioned in today’s Package, of “fully-fledged cross-border telework” in the context of the 28th Company Regime is of major concern. The ETUC is seeking an urgent meeting with Vice-President Minzatu to ensure that the rights and entitlements of teleworkers are properly ensured, from pay, to health and safety, social security and collective bargaining - including through the Quality Jobs Act. Any social dumping loopholes or threats of a race to the bottom must be taken off the table.

ETUC General Secretary Esther Lynch said:

“Giving the Labour Authority the power to open its own investigations into cross-border exploitation is a vital improvement. Instead of waiting to be called in, ELA can help to identify rogue employers before the damage is done. Pair that with real cooperation with trade unions, and enforcement can really be ramped up.

“This goes hand in hand with data. The proper mandate to access and process information, as put forward by the Commission today, means sharper risk assessments and inspections that hit the right targets. Boosting its inspection capacity is crucial to ensure that the ELA can use this important new tool to protect workers, not just to build bigger files on them.

“Workers didn't ask for telework as a loophole. The upcoming Quality Jobs Act must provide the framework for teleworkers' rights, not the 28th Company Regime: pay, health and safety, social security, collective bargaining must be guaranteed, wherever you log on from. No exceptions, no race to the bottom.”

ETUC Deputy General Secretary Isabelle Schömann said:

“Extending ELA's mandate to better protect migrant workers working in the EU is an important step forward, as every worker deserves protection against rogue employer practices. What matters now is keeping that ELA mandate focused on labour rights, not on immigration enforcement.

“ELA's mandate needs to come with a strong firewall against labour exploitation, as workers must know they can speak up to denounce exploitation without fearing grave consequences for themselves.

“ELA’s new support for counselling networks like Fair Labour Mobility EU, and a European Social Security Pass will make mobile workers' rights easier to exercise, and it should make a real difference on the ground. Get the detail right, and this package adds up to a genuine step forward for the enforcement of hard-won workers’ rights."