Coordinating the Network of EU Agencies 2015 Regulation of labour market intermediaries and the role...

Coordinating the Network of EU Agencies 2015

Regulation of labour market intermediaries and the role of social partners in preventing trafficking of labour

Christian Welz and Andrea Fromm WCIR

4th Conference on Regulating for Decent Work Conference ILO, Geneva 8 July 2015


THE PROJECT


Objectives

• To map the current situation in the different Member States regarding the regulation of temporary work agencies and intermediaries

• To identify social partner initiatives aiming to prevent trafficking of labour

REGULATION OF TEMPORARY WORK AGENCIES

AND INTERMEDIARIES


DIRECTIVE 2008/104/ECon temporary agency work

Purpose of the Directive:

• protection of temporary agency workers

• improve the quality of temporary agency work through applying the principle of equal treatment


Legislation and regulation of LMIs in the EU and Norway

• Registration with national employment agency• Obtain a licence, permit or certificate• Maintain insurance or bank guarantee ( to ensure payment of wages

and social security contributions)• Comply with special reporting and inspection regimes• Proof of completed education and/or work experience• Proof of not having been convicted in the past• Proof of citizenship in an European Economic Area (EEA) country• Provide working conditions equal to those recruited directly by the

enterprise (linked to cross-border recruitment and liability of wages)• Refrain from charging fees from the prospective employee

TRAFFICKING OF LABOUR AND

SOCIAL PARTNER INITIATIVES


DIRECTIVE 2011/36/EUon preventing and combating trafficking in human beings

and protecting its victims

Purpose of the Directive:

• Establishment of minimum rules concerning the definition of trafficking as a criminal offence and related sanction

• Introduction common provisions to prevent the crime and to protect the victim


LURED BY A JOB, TRAPPED IN FORCED LABOUR

https://www.youtube.com/watch?v=sOHq0MlN3PY&feature=player_embedded





Working definition: Trafficking of labour

Action Means Purpose

the recruitment threat or use of force Exploitation, i.e.

transportation other forms of coercion prostitution of others

transfer abduction other forms of sexual exploitation

harbouring fraud forced labour or services

receipt of persons deception slavery or practices similar to slavery

abuse of power servitude

abuse of a position of vulnerability

removal of organs

bribery or corruption to exercise control


Social partner activities

• Framework agreement: BG-DE• Complaint desks/mechanisms: CY RO NL• Cross-border cooperation: BG-DE• Establishment of contact points for migrants: AT SE ES• Information networks and education: BG-DE RO SI ES HU-

UK-RO• Analysis of mobility of workers: IT• Creation of web platforms: BG• Codes of conduct for TWAs: DK IT SE SK IE• Cooperation between TWAs: CZ


Good practice example: The Czech Republic

A tripartite approach

• Special agreement on cooperation bet. TU and Emp. • Collective agreement at Skoda between TWA and TU

providing for similar WC as other employees • Setting up of a national tripartite working group (at the

Council for Economic and Social Agreement)• Increased inspection activities• Development of a blacklist in CZ


Questions and comments?

Andrea [email protected]

Coordinating the Network of EU Agencies 2015 Regulation of labour market intermediaries and the role...

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