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Protect the workers... Protect the motive powers of the old continent

pdf mise en ligne :20 10 2008 ( NEA say… n° 55 )

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Parliament hopes for an European strategy to wrestle with undeclared work and encourage  its emerge. The European Parliament ask for incentive like the increase of non-taxable income and the reduction of non-wage cost, and of administrative burdens that charge on the SME. The European Parliament urges strict sanction for employer that exploit black labour and to safeguard migrant workers. Finally, the Parliament invites the members States to size up the possibility of introduction of minimum wage.

The report was adopted with 479 votes in favour, 50 against and 47 abstentions. (FR) (EN) The Parliament remark that undeclared work is a complex phenomenon – in increase in the members States, achieve points of 20% of GDP – that “penalize the economy, not safeguard the workers, jeopardize the consumers, reduce tax revenue and generate unfair competition between the enterprise”.

The sector more strike to the undeclared work are those strong workforce intensity, like the agriculture, constructions, household services, characterizes of  wages conditions poor.


An European strategy again the moonlighting

Deputies support that the struggle to frailty work should be cope with a global strategy, that give more operating and incisive to common action. The strategy should be based on the co-ordination and strong administrative co-operation effective among national administrative control, labour inspectorates and social part, social security and the fiscal authority. It must review, so, the directive 96/71/CE.

The Commission should create a data bank to measure the level of undeclared work and motivate the member States to information exchange.

The member States should better apply the legislation in force. Therefore, Commission and member States must work together to reach a palpable objective.

But the guide lines of Community, in matter of hard work put to translate political-judicial instrument, are not well definite, the European Parliament solicit to a common definition of undeclared work.


Translate of undeclared work in formal economy

The Parliament asks Member States to consider improving incentives to declare work and impose tough sanctions on employers who, despite benefiting from incentive measures, continue to employ undeclared work.

The Parliament encourages to continue on the way of fiscal system and social security reform. The member States, moreover, have to make taxation system and a more possible simple, transparent and accessible social protection, by efficient political to create job with larger quality.

Deputies invites the European Commission and the member States to give more support and encouragement to the entrepreneurial and unions in this struggle.

They retain that a simplification or the reduction of the administrative burden, and of the procedure, decrease resort to undeclared work and promote the economic activity of European Union.

The deputies ask for a major application of the in force legislation on the minimum wage in all members States and solicit those that not provide it, at present.

Parliaments retain that, the regularization of the undeclared work shall always include the deposit contributory oblige, and the members States have to adopt measures to expedite the payment of the payer.

For example, the formula of the service-allot that grants to the family to buy house service at special prize, applied in the Belgium, Germany and France.


....strict sanctions

Parliament asks to the members States to provide for strict sanctions to the payer, who, in spite of the incentives on the dole, continued to exploit the undeclared work. Nevertheless, Parliament remembers that only a repressive political could be focus this phenomenon in the less structured country, then need of greater coordination between member States.

The European Parliament advocates the conclusion of regional, national and local agreements, for the promotion of incisive measures for resolution of this problem, and invite the European Commission to propose a “Surface from the submerge arrangement” among members States and social subject dragged in this battle.


Protect the migrates workers

The European Parliament receives with favour the Commission efforts to provide for sanction to payer of country thirds workers clandestine stay, although lament the lack of measures to combat the exploitation of the country thirds's workers.

A global approach is required, that consider the necessity to safeguard and promote the immigrants workers right, regular or clandestine, to guarantee to the European Union labour necessary, but the EU requires also transversal measures, and proposes the collaboration with OIL guidance.

Moreover, is necessary to open the canals of regular access of the immigrants to fight the exploitation of the country thirds's citizens that regularly reside in the European Union, and the deputies believe that a fight versus the exploitation of immigrants worker, could be based on prevention instruments, intensifying the recognition and the respect of human right.


Free movement of workers in the European Union

Finally, members States that have applied transitional agreements to the free movement of worker in the EU are asked to open up their labour markets to workers from all the new members States, given that restrictions not only run counter to the EU' s founding principles, but increase recourse to undeclared work and could create territorial imbalances, stresses the report. The members States must be carry out an information campaign to make aware to this theme both the workers and the payer.

Alessandro Romano

Università degli Studi di Napoli “L'Orientale"

Napoli - Italia