Answer given by Mr Schmit on behalf of the European Commission
11.7.2020
Under EC law[1], mobile workers have the right to equal treatment with national workers as regards their conditions of work and employment, including occupational safety and health (OSH). Mobile workers also enjoy the rights recognised by Directive (EU) 2014/54[2].
Seasonal workers enjoy the same rights and should benefit from the same protection of their occupational safety and health as other workers of the given Member State. The obligations for employers are laid down in the Occupational Safety and Health ( OSH) Framework Directive 89/391/EEC.
These include, amongst others, the evaluation of all OSH risks, including new ones posed by COVID-19, the provision of protective measures for all activities and at all hierarchical levels, and the provision of relevant OSH information to workers.
Member States are responsible for the application of national provisions transposing EU rules on OSH and should impress on employers the obligation to ensure adequate health and safety protection. The EU is supporting Member States and employers in this regard through, for example, the publication of guidance documents[3] [4] addressing OSH aspects in the context of COVID-19.
The events mentioned by the Honourable Member appear to involve private employers and not public authorities. It is for the national competent authorities, including labour inspectorates and eventually courts, to ensure that individual rights of EU mobile workers are respected by employers.
- [1] Article 45 of the TFEU and Regulation (EU) 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union.
- [2] Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers.
- [3] https://oshwiki.eu/wiki/COVID-19:_guidance_for_the_workplace#See
- [4] https://osha.europa.eu/en/publications/covid-19-back-workplace-adapting-workplaces-and-protecting-workers/view