Free movement of labour in Europe

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Eduprof Expertmeeting 14-15 April 2011 Groningen.
Presentation on Free movement of Labour in Europa during the workshop Labour Market Research by Harm van Lieshout

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Free movement of labour in Europe

  1. 1. Free movement of labour in Europe Dr. H.A.M. van Lieshout
  2. 2. <ul><li>An applied research program sponsored by RAAK MKB </li></ul><ul><li>Free labour movement in EU </li></ul><ul><li>EU-8 labour market transition </li></ul><ul><li>Three legal options </li></ul><ul><li>Three empirical reports </li></ul><ul><li>Discussion </li></ul>Overview 14-4-2011 Workshop Labour Market Research at EDUPROF Expert Meeting
  3. 3. www.arbeidsmigratie.eu 14-4-2011 Workshop Labour Market Research at EDUPROF Expert Meeting
  4. 4. www.arbeidsmigratie.eu 14-4-2011 Workshop Labour Market Research at EDUPROF Expert Meeting
  5. 5. <ul><li>Flexicurity: policy strategy that attempts, synchronically and in a deliberate way, to enhance the flexibility of labour markets, employment structures and labour relations on the one hand, and, on the other hand, to enhance employment security and social security – notably for weaker groups inside and outside the labour market (cf. Wilthagen et al. 2004) </li></ul><ul><li>Flexibility: free worker movement is a fundamental right which permits nationals of one EU Member State to work in another EU Member State ... </li></ul><ul><li>Security: ... under the same conditions as that Member State’s own citizens </li></ul>Free labour movement in EU 14-4-2011 Workshop Labour Market Research at EDUPROF Expert Meeting A Flexicurity approach
  6. 6. <ul><li>Transitional policy for a maximum of seven years where an existing EU Member State can limit access to its labour market from new EU Member States; </li></ul><ul><li>Flexicurity: eventual liberalisation means flexibility, transition period provides a security blanket; </li></ul><ul><li>3 Frontrunners (Ireland, Sweden, UK) immediately opened market for EU-8; </li></ul><ul><li>10 other EU-15 Member States have opened their markets since (e.g. the Netherlands as of May 1 st , 2007); </li></ul><ul><li>Only Germany and Austria still restrict labour market access from the EU-8 through national measures until (at the latest) April 30 th , 2011 </li></ul>EU-8 Labour Market Transition 14-4-2011 Workshop Labour Market Research at EDUPROF Expert Meeting Slowly but surely
  7. 7. <ul><li>(Direct) Wage employment </li></ul><ul><ul><li>Dutch mandatory rules from labour law and collective bargaining apply </li></ul></ul><ul><ul><li>(Dutch cba’s are generally extended to cover all firms and workers) </li></ul></ul><ul><li>Through (Dutch) temporary employment agency </li></ul><ul><ul><li>Dutch mandatory rules from abour law and collective bargaining apply </li></ul></ul><ul><ul><li>Two cba’s for temporary employment agencies by different employers’ associations </li></ul></ul><ul><ul><li>One of which is extended by the state to cover the rest of the sector </li></ul></ul><ul><li>Subcontracting to EU-8 …: </li></ul><ul><ul><li>Firm (European posting of workers directive means core of mandatory labour and collective bargaining rules applies) </li></ul></ul><ul><ul><li>Self-employed (obviously no labour law or collective bargaining applies) </li></ul></ul><ul><ul><li>Temporary employment agency (not covered by freedom to provide services but by posting of workers directive) </li></ul></ul>Three legal options 14-4-2011 Workshop Labour Market Research at EDUPROF Expert Meeting To use EU-8 labour in the Netherlands
  8. 8. <ul><li>maximum work periods and minimum rest periods; </li></ul><ul><li>minimum paid annual holidays; </li></ul><ul><li>the minimum rates of pay, including rates; this point does not apply to supplementary occupational retirement pension schemes; </li></ul><ul><li>the conditions of hiring-out of workers, in particular the supply of workers by temporary employment undertakings; </li></ul><ul><li>health, safety and hygiene at work; </li></ul><ul><li>protective measures with regard to the terms and conditions of employment of pregnant women or women who have recently given birth, of children and of young people; </li></ul><ul><li>equality of treatment between men and women and other provisions on non-discrimination. </li></ul>Core of mandatory rules 14-4-2011 Workshop Labour Market Research at EDUPROF Expert Meeting European Posting of Workers Directive (96/71/EC)
  9. 9. <ul><li>Three recent empirical studies: van den Berg et al. ( 2008); de Boom et al. ( 2008); Heyma et al. (2008) </li></ul><ul><li>Estimated 158,000 labour migrants from new MEE EU Members in the Netherlands in 2008, of which 107,000 temporary (most of the latter are Polish, as are half of the long-term migrants) </li></ul><ul><li>48% in of temporary labour migrants in temp work, 23% direct employment in agriculture, 18% business services; </li></ul><ul><li>Their average job length: slightly over 3 months; </li></ul><ul><li>Slight positive net congribution of this migration to public sector of 1.2 billion; </li></ul><ul><li>Employers are generally very happy; </li></ul><ul><li>Some problems with semi- and illegal work; </li></ul><ul><li>Housing problems. </li></ul>Three empirical reports 14-4-2011 Workshop Labour Market Research at EDUPROF Expert Meeting Recent Dutch experience with EU-8 workers
  10. 10. <ul><li>Free EU worker movement finally becoming a reality … a modest one </li></ul><ul><li>Developing jurisprudence has yet to pinpoint exact balance between freedom to provide services and (national) labour law and collective bargaining rights (cf. van Peijpe 2008) </li></ul><ul><li>Problems that arise in the Netherlands (e.g. semi- to illegal work; housing) rooted in Dutch regulation rather than EU, and are not exclusive to EU-8 migrants </li></ul><ul><li>Binding collective bargaining agreement for temporary employment agencies seems crucial to protect binding minimum standards; fragmented associatonal structure resulted in interesting IR war in early 2009 </li></ul>Discussion 14-4-2011 Workshop Labour Market Research at EDUPROF Expert Meeting Some observations
  11. 11. <ul><li>Both socio-economic and legal </li></ul><ul><ul><li>Different fields: labour law, social security law, taxes and benefits, housing </li></ul></ul><ul><li>Both national, EU-level, and comparative </li></ul><ul><ul><li>Compare whether differences in national legal regimes (i.e. collective bargaining) relatie to different labour migration practices and/or socio-economic results </li></ul></ul><ul><ul><li>Explore grey areas / circumvention practices through international cooperation </li></ul></ul><ul><ul><li>Use native speaking exchange students to interview labour migrants </li></ul></ul>Discussion 14-4-2011 Workshop Labour Market Research at EDUPROF Expert Meeting Research interests
  12. 12. Thank you!

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