The situation of migrant workers in temporary employment agencies (TEAs)
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 24 January 2007 (6th Sitting) (see Doc. 11109, report of the Committee on Migration, Refugees and
Population, rapporteur: Mr Henderson). Text
adopted by the Assembly on 24 January 2007 (6th Sitting).
- Thesaurus
1. The increased mobility of workers
and services both on the European internal market and among the countries
of the Commonwealth of Independent States (CIS) will inevitably
lead to new patterns of employment in a wider Europe. Problems,
although of a different nature, exist for both regular and irregular
recruitment and are likely to increase due to the growing national
and transnational temporary recruitment sectors.
2. Poverty, the absence of the rule of law, the lowering of labour
standards, the propensity of criminal groups and corruption in certain
countries, in particular in eastern Europe and many CIS countries,
all contribute to an increase in irregular recruitment, forced labour
and human trafficking.
3. Regular and irregular transnational temporary recruitment
is also growing in central and eastern Europe, with cheaper migrant
labour coming from further east and south-east.
4. Recruitment through legitimate temporary employment agencies
is only recently emerging in central and eastern Europe. Without
social partners capable of effective self-regulation, legislation
is needed to advance the reputation of this form of employment to
both user companies and individual job seekers using this type of recruitment.
Strong regulation and enforcement mechanisms (licensing and labour
inspectorates) could help to legitimise the activities of temporary
employment agencies in such start-up situations.
5. In the context of the European Union, the problems are of
a different nature and consist of regulating the main activities
of temporary employment agencies in order to safeguard labour standards
and to create a level playing field for the internal market.
6. The United Kingdom, Ireland and Sweden applied an open door
policy with regard to employment of workers from the new European
Union member states at the time of the enlargement to EU-25. Transitional agreements
now have to be reached with Bulgaria and Romania. It is therefore
necessary to establish clear rules and seek greater harmonisation
within the internal market. In this regard, the Parliamentary Assembly welcomes
the adoption of Directive 2006/123/EC of the European Parliament
and of the Council of the European Union of 12 December 2006 on
services in the internal market.
7. Some Council of Europe member states have already adopted
rules that ensure that temporary migrant workers receive the same
treatment in terms of wages, working conditions and social rights
as the local labour force in their respective countries. It is important
therefore – especially in view of the present and foreseen increase
in the activities of temporary employment agencies – that in all
Council of Europe member states basic rules exist to ensure the
equal treatment and basic rights of temporary and migrant workers.
8. Article 19 of the revised European Social Charter (ETS No. 163)
already provides guidelines for some of the basic standards with
regard to the right of migrant workers and their families to protection
and assistance, namely treatment which is not less favourable than
that enjoyed by nationals in respect of remuneration and working
conditions, membership of trade unions, enjoyment of the benefits
of collective bargaining, and accommodation.
9. Moreover, the International Convention on the Protection of
All Migrant Workers and Members of their Families, the International
Labour Organization (ILO) Conventions on Migrant Workers (C143)
and on Private Employment Agencies (C181), the Palermo Protocols
and the European Convention on the Legal Status of Migrant Workers
(ETS No. 93), and the Council of Europe Convention on Action against
Trafficking in Human Beings (CETS No. 197) provide additional standard
setting and a good framework for co-operation and joint action between
member states of the Council of Europe and beyond.
11. Finally, the Assembly welcomes the decision of the European
Committee on Migration (CDMG) to focus the theme of the forthcoming
8th Conference for European Ministers Responsible for Migration
Affairs on labour migration and co-development. The ministerial
conference will create the opportunity to reinforce co-operation
mechanisms between the countries of origin, transit and destination
in order to improve the regulation and management of labour migration
in Europe.
12. In light of the above, the Assembly invites those member states
of the Council of Europe which have not yet done so to:
12.1 sign, ratify and implement the
International Convention on the Protection of All Migrant Workers and
Members of their Families; the ILO Conventions on Migrant workers
(C143) and on Private Employment Agencies (C181); and the Palermo
Protocols;
12.2 sign, ratify and implement the European Convention on
the Legal Status of Migrant Workers and the Council of Europe Convention
on Action against Trafficking in Human Beings;
12.3 sign, ratify and implement the revised European Social
Charter and its Article 19;
12.4 enforce existing labour laws and regulations with regard
to transnational labour recruitment and the protection of migrant
workers;
12.5 establish the principle of equal treatment of temporary
workers and migrant workers on the national labour market;
12.6 regulate providers (temporary employment agencies) through
registration and licensing schemes;
12.7 include, in their national legislation and regulations,
clear and comprehensive definitions of what constitutes a private
temporary employment agency or recruiter and of the contractual
status of workers employed through temporary agencies;
12.8 promote the use of self-regulation and the drafting of
national codes of conduct;
12.9 establish clear liability of temporary employment agencies
and user companies;
12.10 apply dissuasive and proportionate sanctions both for
temporary employment agencies and user companies in breach of regulations;
12.11 establish co-operation between labour inspection, trade
unions, temporary employment agencies, NGOs and police with a view
to identifying gangmasters and abusive practices in breach of national
labour regulations;
12.12 allocate more resources for national labour inspection;
12.13 give incentives to temporary employment agencies to allocate
a percentage of resources to vocational training;
12.14 continue efforts to tackle irregular migration;
12.15 establish international co-operation between labour inspection,
police and border guards;
12.16 make information on migrant workers’ rights and national
labour standards easily accessible to migrant workers;
12.17 enable migrant workers to claim more easily their rights
through legal assistance and recourse to an ombudsperson’s office;
12.18 encourage trade unions to involve migrant workers and
defend their rights.
13. The Assembly invites the institutions of the European Union
to re-examine the EU Commission’s proposal for a directive on working
conditions for temporary agency workers.
