Labour mobility is essential for the Metal, Engineering and Technology-based (MET) industries. In a globalised world, cross-border supply and value chains have become the standard. The burdensome procedures for temporary posting of workers are, however, described as one of the “terrible ten” barriers of the Single Market. In its Single Market Strategy, the European Commission intends to prioritise tackling these barriers. In addition, the Commission will launch a Fair Mobility Package in 2026.
Barrier-free movement of workers in the Single Market
Operating cross-border brings important advantages for businesses and workers. Companies become more competitive, and workers can go beyond their country of origin and use another range of their (soft) skills. Labour mobility and free movement foster growth of industry and society.
Diverse character of challenges
To achieve free movement of workers and labour mobility, appropriate policies and frameworks need to be in place at the European and national levels. Abuse that exists must be tackled, but only in the areas where things go wrong. In sectors that do not pose risks of illegal employment, the administrative burden is totally unnecessary, unjustified and disproportionate.
Posting of workers
A ‘posted worker’ is an employee sent by his or her employer to carry out a service in another EU Member State on a temporary basis. In order for workers to provide services in different Member States, it is of vital importance to have free and frictionless labour mobility and thus have clear and workable legislation in place.
Unfortunately, there currently is a patchwork of national regulations that have to be observed in the case of posting or even short-term employee assignments and business trips to other EU countries. Skilled specialists such as engineers and technicians in MET sectors, installing and maintaining machines sold to clients in another Member State, should be exempted from any notification obligation.
We therefore strongly support all initiatives of the European Commission that provide for the possibility of digitisation to relieve companies and employees of disproportionate bureaucracy as for example the Commission’s initiative to create an “eDeclaration” in order to standardise and simplify the notification obligations for postings within the EU.
Social Security Coordination
The EU provides common rules to protect workers’ social security rights when moving within Europe. The Revision of the Social Security Coordination aims at updating and modernising the existing rules and has the overall objective to facilitate labour mobility. This while ensuring fairness for those who move, and for taxpayers.
Many EU based Tech and Industry companies send their employees to countries in the EU for a short period of time in order to provide services related to the goods they produce, such as the installation or repair of these goods. As these short trips within the single market can occur quite frequently but usually only for a limited number of days, we see a real necessity of not only exempting business trips but also activities abroad which last only a limited number of days from the prior notification requirement, the Portable Document A1. Exempting a limited number of days is essential in order to avoid unnecessary administrative burden.
Ceemet also closely follows the ESSPASS project, which focuses on digitalising the processes for the request and issuance of Portable Documents and the European Health Insurance Card (EHIC). It uses existing electronic frameworks for Verifiable Credentials, the proposed European Digital Identity (EUDI) framework and the EU ‘Single Digital Gateway’ Regulation. Through real-time mechanisms for cross-border verification of the social security entitlements, ESPASS will be an important stepping stone for labour mobility.
European Labour Authority (ELA)
The ELA was set up to ensure that EU rules on labour mobility and social security coordination are enforced in a fair and effective way, and makes it easier for citizens and businesses to reap the benefits of the internal market.
Ceemet relies on the ELA to support Member States in providing accurate, comprehensible and easily accessible information for employers and workers.
Ceemet reiterates its call for a helpdesk at the ELA, to support and inform employers with their concrete questions when posting a worker. In addition, a wage calculator would be a triple win for employees, employers and social inspectors throughout Europe.