Rue Royale 45, 1st floor, 1000 Brussels, Belgium

EFBWW News

ELA review of mandate and EFBWW presence in ELA

30/11/2023

The review clause in the ELA Regulation marks the entry into the assessment phase. By August 2024, the Commission will evaluate the ELA’s alignment with its objectives, mandate, and tasks. In January 2025 the European Parliament (EP)adopted a resolution on the “Revision of the European Labour Authority mandate” with Agnes Jongerius (S&D/NL) and Dennis Radtke (EPP/DE) as co-rapporteurs. Our positions are reflected in this resolution partially, particularly in the aspects of strengthened enforcement, sectoral focus, and optimising EURES. However, enhanced data collaboration and improved access to information for workers are not explicitly covered in the resolution.

The Belgian Presidency of the Council of the European Union has also contributed with a report “Fair Mobility in the EU and the role of the European Labour Authority” (2023). Both the EP resolution and the report will feed into the work of the European Commission to present  a report by 10th October 2024.

On 26th March EFBWW and FIEC presented recommendations on the occasion of the ELA event “Addressing the construction sector: state of play and the way forward” in Bratislava.

In November 2023 the EFBWW adopted following stances on the review

Strengthened Enforcement: ELA must prioritise cross-border enforcement, dedicating more resources to actions that support national enforcement authorities and sectoral social partners. This includes increasing the number of joint and concerted inspections, especially assisting in complex cross-border fraud and labour crime cases. Additionally, there should be reinforced support for national authorities and sectoral social partners in collecting fines and imposing sanctions across borders.

Enhanced Data Aggregation: We urge ELA to collaborate with EUROFOUND and national statistical authorities to refine data quality and consistency across member states. This collaboration should prioritise data collection on national inspections and their outcomes in key sectors. Further, the ELA should act as an observatory for labour crime trends, influencing proposals for new policy initiatives. Such comprehensive data aggregation is paramount for effective decision-making.

Construction-Specific Unit: Given the unique challenges of the construction sector and the unanimous identification by national enforcement agencies of construction as a priority sector, we advocate for the establishment of a specialized construction unit within the Authority. This unit will support the work of ELA by:

  • Addressing prevalent cross-border issues, ensuring consistent protection of workers' rights across member states.
  • Keeping up to date on dynamic safety standards and regulations by maintaining strong ties with sectoral social partners, especially EFBWW and FIEC, ensuring prompt compliance and safeguarding workers.
  • Optimising EURES under ELA: EURES must be a key tool in tackling labour shortages and improving the sector's attractivity. The network must be used to promote direct jobs and counter the increase of precarious working relationships such as agency work and the over-reliance on abusive subcontracting and posting. EFBWW stresses the importance of enhanced cooperation within EURES to align workers with industry needs. Regular evaluations and robust dialogues between EFBWW, FIEC, and ELA will ensure the construction sector remains attractive and workers are directly placed where their skills are most valued.