Evrópska vinnumálastofnunin - 32019R1149

WHAT IS THE AIM OF THE REGULATION?

The principle of free movement of workers is enshrined in Article 45 of the Treaty on the Functioning of the European Union (TFEU).

The regulation establishes the European Labour Authority (ELA), a body designed to help ensure fair labour mobility across the EU and support the coordination of social security systems.

KEY POINTS

The regulation establishes the European Labour Authority, amending Regulations (EC) No 883/2004 on the coordination of social security systems, (EU) No 492/2011 on the free movement of workers, and (EU) 2016/589 on a European network of employment services (EURES). It repeals Decision (EU) 2016/344 on tackling undeclared work.

It brings together the technical and operational tasks of several existing EU bodies:

• the EURES European coordination office;
• the technical committee on the Free Movement of Workers;
• the Committee of Experts on the Posting of Workers¹; and
• the European Platform tackling undeclared work.

The European Labour Authority is part of the roll-out of the European Pillar of Social Rights.

Objectives and tasks

The ELA’s objectives are to:

• ensure easier access to information on rights, obligations and services regarding labour mobility across the EU;
• improve cooperation between countries to enforce the relevant laws across the EU, including joint inspections;
• mediate and facilitate solutions where there are disputes between countries; and
• support cooperation between EU countries to tackle undeclared work.

The ELA is responsible for:

• improving the availability, quality and accessibility of information of a general nature offered to individuals, employers and social partner organisations regarding rights and obligations in relation to labour mobility;
• supporting EU countries in providing services to individuals and employers through EURES, such as cross-border matching of job, traineeship, and apprenticeship vacancies with CVs;
• facilitating the cooperation and rapid exchange of information between countries;
• coordination and supporting concerted² and joint³ inspections;
• cooperating with EU countries to assess risks and carry out analyses on labour mobility and social security coordination;
• supporting EU countries to build capacity for consistent enforcement of relevant EU law, for instance through mutual assistance and training, including developing common guidelines;
• reinforce the work of the European Platform to enhance cooperation in tackling undeclared work to share best practices, develop expertise and analysis and encourage innovative approaches;
• mediating in and facilitating solutions to disputes between EU countries to reconcile divergent points of view.

Organisation

The ELA administrative and management structure consists of a management board, an executive director and a stakeholder group.

The management board comprises:

• 1 member from each EU country,
• 2 members representing the European Commission,
• 1 independent expert appointed by the European Parliament (without voting rights),
• 4 members representing cross-industry social partner organisations (without voting rights), with equal representation of trade unions and employer organisations.

Representatives of countries applying EU law within the scope of ELA, the EU agencies Eurofound, EU-OSHA, Cedefop or the European Training Foundation may be invited to participate as observers in meetings of the management board.

Fundamental rights

The regulation does not affect the exercise of fundamental rights as recognised at EU and national level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in EU countries in accordance with national law or practice.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 31 July 2019.

BACKGROUND

See also:

• European Labour Authority (European Commission)
• European Pillar of Social Rights (European Commission)
• EURES The European Job Mobility Portal (European Commission)
• Free movement — EU nationals (European Commission)
• Undeclared work (European Commission).

KEY TERMS

1. Posting of workers: when a worker, for a limited period, carries out his/her work in the territory of an EU country other than the one in which he/she normally works.
2. Concerted inspection: inspections carried out in 2 or more EU countries simultaneously regarding related cases, with each national authority operating in its own territory, and supported, where appropriate, by the staff of the ELA.
3. Joint inspection: inspections carried out in an EU country with the participation of the national authorities of one or more other EU countries, and supported, where appropriate, by the staff of the ELA.

MAIN DOCUMENT

Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (OJ L 186, 11.7.2019, pp. 21-56)

RELATED DOCUMENTS

Decision (EU) 2019/1199 taken by common accord between the Representatives of the Governments of the Member States of 13 June 2019 on the location of the seat of the European Labour Authority (OJ L 189, 15.7.2019, p. 68)

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Establishing a European Pillar of Social Rights (COM(2017) 250 final, 26.4.2017)

Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers’ access to mobility services and the further integration of labour markets, and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.4.2016, pp. 1-28)

Successive amendments to Regulation (EU) 2016/589 have been incorporated into the original text. This consolidated version is of documentary value only.

Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (OJ L 65, 11.3.2016, pp. 12-20)

Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, pp. 1-12)

See consolidated version.

Commission Decision 2009/17/EC of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, pp. 26-28)

Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, pp. 1-123). Text republished in corrigendum (OJ L 200, 7.6.2004, pp. 1-49)

See consolidated version.

Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title IV — Free movement of persons, services and capital — Chapter 1 — Workers — Article 45 (ex Article 39 TEC) (OJ C 202, 7.6.2016, pp. 65-66)