Answer given by Ms Thyssen on behalf of the European Commission
10.4.2019
1. The Commission is not aware of the situation described by the Honourable Member.
2. The Commission has not detected any particular issue concerning the implementation of the different relevant EU rules in the Netherlands or in Spain, such as Directive 2008/104/EC on temporary agency work[1] and Regulation (EU) No 492/2011 on freedom of movement for workers within the Union[2]. The Commission recalls that any infringement to these rules may be addressed by the national competent bodies including the labour inspectorates.
Moreover, Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers[3] aims at facilitating the exercise of free movement rights. This directive, among other things, provides for the establishment of national bodies to assist EU workers in the defence of their rights (Article 4). The list of the bodies can be found on the Commission’s website[4].
Finally, the European Labour Authority[5], which shall soon start its activities, will also provide for instruments to prevent such cases from happening, such as tools to assess risk of fraud and to inform mobile workers about their rights when working in another EU Member State.
- [1] https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1550134294733&uri=CELEX:32008L0104
- [2] https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1550134218948&uri=CELEX:32011R0492
- [3] https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1550134261474&uri=CELEX:32014L0054
- [4] https://ec.europa.eu/social/main.jsp?catId=1277&langId=en
- [5] http://europa.eu/rapid/press-release_STATEMENT-19-844_en.htm