Single permit: equal rights and treatment for foreign workers

Non-EU workers in Europe should have the same rights regarding working time, leave and social security as EU nationals, said the Employment Committee on Wednesday. However, MEPs also made it clear that Member States may choose to allow tax benefits only when workers' family members live in the same country. In addition, they backed the Commission's proposal to exclude posted workers from the scope of legislation.

The proposed "single permit" directive aims to streamline bureaucratic procedures for all potential immigrants applying to live and work in an EU Member State, by enabling them to obtain work and residence permits via a single procedure. It would also confer a standard set of rights on non-EU workers comparable to those enjoyed by EU citizens, such as minimum working conditions, recognition of educational and professional qualifications and access to social security.

On 14 December 2010, after approving a series of amendments to the Commission proposal, MEPs rejected the amended text in their final vote (306 votes in favour, 350 against and 25 abstentions). The Commission chose not to withdraw the proposal, so it was referred back to the Civil Liberties Committee, while the Employment Committee, which has associate status for this legislation, also deliberated its amendments, focusing on equal treatment at the workplace and social security.

Equal treatment

Under the original proposal, employed non-EU workers would get equal treatment with EU nationals as regards pay and dismissal, health and safety at work and the right to join trade unions. The Employment Committee today voted to delete the reference to employment and wants to extend those rights to equal working time and leave, while clarifying workers' access to social security and tax benefits.

For example, workers would be able to claim benefits if they are tax resident in the Member State of employment but this would be limited to cases where family members also live in the same country.

Social security and pensions

Member States would be able to restrict family benefits and unemployment benefits to workers with a permit valid for at least six months.  Individuals who have been admitted for the purpose of study would not be able to claim unemployment benefits.

Non-EU workers would able to receive their pensions when moving back to their home country if there is a bilateral agreement between the Member State where they were working and their home country.

Vocational training and education

A compromise amendment approved by the committee states that vocational training and education could be limited to employed or recently employed non-EU workers. Individuals residing in the EU to study will be excluded, while workers who would like to get a degree not directly linked to their jobs may be required to demonstrate language proficiency.

Who is not covered?

The draft law was not intended to cover long-term residents, refugees and posted workers (who are already subject to other EU rules), seasonal workers or intra-company transferees (who will be covered by other EU directives).

Next steps

Members of the Employment Committee adopted the amendments by 33 votes in favour, 12 against and one abstention. They will be put to the vote, together with amendments by the Civil Liberties Committee (adopted on 3 February), at the next plenary session in Brussels on 24 March.

Rapporteur: Alejandro Cercas (S&D, ES)
In the chair: Pervenche Berès (S&D, FR)