According to the European Trade Union Confederation (ETUC), despite years of protesting the EU has still failed to pull together a common agreement to put an end to social dumping (known in EU circles as ‘posting’), which affects millions in the construction and transport industries.
Free movement of workers is a fundamental principle in the European Union. However, the ETUC says a worker posted from Portugal or Poland to the Netherlands, earning the same net income, can save an employer up to 25% on labour costs through the difference in social security payments.
Ryanair: Low Wages Made Simple
At least 2,200 self-employed pilots work for Ryanair in Ireland. When they pass the company selection test, they become directors of their ‘own’ Irish micro-enterprise, which is a client of an interim agency (Brookfield aviation) that supplies pilots to Ryanair.
Ryanair selects an accountant to handle the micro-enterprise and gives the pilot instructions. The company pays Brookfield, which pays the pilot’s micro-enterprise. Ryanair has been regularly condemned for non-respect of labour legislation in Belgium, Spain, France, Italy and Norway.
In #Solidarity with the #Oslo #Dockers. NO TO SOCIAL DUMPING. YES TO GOOD CBA's. #Yilport @ITFglobalunion pic.twitter.com/IyoYmGQx0H
— ACV Transcom Water (@ACV_Maritime) February 23, 2015
According to the National Union of Meat Producers, social dumping by Germany creates big competitive distortions, as the cost of labour in France is three times higher than in Germany.
The union further calculated that the cost of temporary labour in Germany is €7 per hour, while it is €20 in France for a minimum wage with social contributions, and €30 in Denmark. For these professions 80% of the added value is related to the cost of labour.
Survey: Minimum #wages uneven in EU @EurActiv http://t.co/BwvlbVSbq7 @etuc_ces
— ETUI (@ETUI_org) February 27, 2015
The issue was also raised in the construction sector. “The use of posted workers via European interim agencies or construction companies too often means very low wages, breach of the working time and security rules, as well as social contributions paid in a different country,” said Dider Ridoret, President of the Federation of the Construction Sector in Germany.
Loopy Brussels Loopholes
Social dumping takes place because of gaps and loopholes in EU legislation. Companies are able to artificially reorganise their corporate structures to take advantage of the freedom to provide cross-border services. For instance, EU law is not clear on letterbox companies.
A company is able to register its place of establishment in another Member State than where it conducts its commercial activities. The company can then evade the legal obligations (labour law, tax, social security etc.) that would normally be applicable in the country where workers are performing their tasks.
EU labour law relies on national enforcement, but ETUC says Member States do not invest enough in labour inspections. In addition, poor enforcement results from the EU legislator itself which too often considers national inspections tools as potential barriers to free movement of services, rather than as a necessary guarantee for fair competition.
