Downloads
EFBWW strongly opposes the EU Talent Pool proposal in its current form and urges the Members of the European Parliament (MEPs) to reject it. The proposal poses serious risks to worker protection and will lead to more social dumping and labour crime in construction.
The Opinion of the European Parliament’s Committee on Employment and Social Affairs is currently being discussed and will be voted on 19 February. The EFBWW is extremely concerned that without major and progressive amendments, the proposal will not bring safer migration pathways for third-country nationals. Instead, it threatens to become a tool for increased exploitation of these workers.
Already, the construction sector is classified as a high-risk, fraud-sensitive sector, with long-standing issues such as bogus posting, exploitative subcontracting chains and illegal labour practices. The 2023 ELA study on construction highlights persistent challenges with labour mobility, enforcement of social security regulations and information gaps. Additionally, the European Commission’s report on the monitoring and implementation of the revised Posting of Workers Directive points to weak cross-border cooperation and inadequate enforcement, further exposing workers to abuse. The proposal will worsen these problems by providing new opportunities for unscrupulous recruiters and labour intermediaries to exploit vulnerable workers from third-countries.
EFBWW General Secretary, Tom Deleu: “The EU Talent Pool is not the answer to labour shortages, it is an open door to exploitation. As it is proposed, it will promote the match between unscrupulous companies and vulnerable workers. Migrant workers deserve a safe and fair European labour market. Limits on subcontracting, a ban on agencies and intermediaries in posting and in the context of the EU Talent pool, are crucial to make it a reality.”
The problems of the proposal
The proposal defines employers as “any natural person, any legal entity, private employment agencies, temporary work agencies and labour market intermediaries", but "sets no conditions for recruiters' good repute, no screening procedures, no exclusion from the Pool in case of misconduct". This lack of safeguards is a serious oversight, given the existing exploitation and abuse faced by many migrant workers across fraud-sensitive sectors such as construction.
These workers frequently endure withheld wages, substandard accommodation and even confiscation of their passports, often with no access to effective redress mechanisms. The Talent Pool proposal does not address these realities. Furthermore, the Talent Pool overlooks the key role that sectoral social partners should be playing, excluding them from key governance structures despite their vital role in enforcing labour standards. The absence of their involvement undermines both transparency and accountability in the initiative's implementation.
In a joint letter, EFBWW and other European trade union federations warned that the proposal "makes subcontracting chains more toxic by fitting in more labour recruitment intermediaries, instead of regulating them." We emphasised that "recruited workers should be directly employed as a standard," which would provide job stability and clearer accountability.
The solutions
To ensure fair, quality and non-discriminatory jobs for migrant workers, the EU must:
· Develop a common framework of migrant workers' rights, including direct employment as a standard, limit subcontracting and ban agencies and intermediaries in posting and in the context of the EU Talent pool.
· Evaluate and address gaps in labour migration laws to enhance worker protection.
· Allow all workers, regardless of immigration status, to report rights violations without fear of retaliation or deportation.
· Strengthen labour inspections and facilitate access to trade unions.
· Expand ELA's mandate to tackle bogus posting effectively.
EFBWW urges MEPs to vote against the current proposal and calls for a fair migration system that creates safe and legal pathways for migration, providing quality jobs for workers, prevents exploitation and ensures transparency and accountability.