Ministers' Deputies / Rapporteur Groups
Rapporteur Group for Social and Health Questions
GR-SOC(2007)12 30 August 20071
“The situation of migrant workers in temporary employment agencies (TEAs)” –
Parliamentary Assembly Recommendation 1782 (2007)
Comments received from relevant committees
For consideration by the GR-SOC at its meeting on 20 September 2007
European Committee for Social Cohesion (CDCS)
The European Committee for Social Cohesion (CDCS) took note of Recommendation 1782 (2007) “The situation of migrant workers in temporary employment agencies (TEAs)”.
The CDCS seeks innovative ways of empowering groups placed in vulnerable situations, including migrant workers, and considers that political responses to the impact which knowledge-based economies and social protection reforms have on the emergence of new needs and new forms of social vulnerability should be envisaged. It should be ensured that the integration of immigrants is respectful of their rights and their cultures and is a means of ensuring cohesion in Europe.
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European Committee on Migration (CDMG)
1. The European Committee on Migration (CDMG) welcomes the attention of the Parliamentary Assembly to the situation of workers recruited through the temporary employment agencies (TEAs) and to the existing abusive practices in the transnational recruitment of workers.
2. CDMG takes note of the interest of the Parliamentary Assembly in researching existing abusive practices in the transnational recruitment of people, assisting member States in developing and enforcing strategies to combat irregular recruitment and trafficking of workers, regulating labour recruitment and applying efficient enforcement mechanisms as well as in developing information campaigns on the rights of migrant workers and their working conditions. It notes that the Parliamentary Assembly asks the Committee of Ministers to encourage cooperation programmes of the relevant intergovernmental committee with the European Union and the International Labour Organisation (ILO).
3. CDMG will take the Recommendation 1782 (2007) into account in planning its future activities, in particular within the context of preparing the 8th Conference of European Ministers Responsible for Migration Affairs that should take place in 2008. CDMG wishes to draw the attention of the Parliamentary Assembly that provisional theme of the Conference is labour migration.
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Governmental Committee of the European Social Charter
1. At the request of the Committee of Ministers (985th meeting, 31 January 2007), the Governmental Committee of the European Social Charter examined the Recommendation 1782 (2007) of the Parliamentary Assembly, and adopted the following opinion.
2. The Governmental Committee notes the interest shown by the Parliamentary Assembly in the European Social Charter. It takes note of Recommendation 1782 (2007) of the Parliamentary Assembly, and has carefully examined it.
3. The fundamental values of our societies, such as the respect for human rights, democracy and the rule of law are part of our common European heritage.
4. The Governmental Committee reaffirms its commitment to the protection of social rights and recalls the indivisible nature of human rights – civil, political, social, economic and cultural. The subject of Recommendation 1782 (2007), that is, the rights of migrant workers, which are guaranteed both by the European Convention on Human Rights and the European Social Charter, testifies to this indivisibility.
5. The Governmental Committee agrees as a matter of course on the principle which appears in paragraph 2 of the Recommendation 1782 (2007) inviting the relevant intergovernmental committees to co-operate with the International Labour Organisation (ILO) and the European Union.
6. The Governmental Committee takes into account where appropriate the relevant standards and programmes of the ILO and the European Union when it examines the conclusions of the European Committee of Social Rights (ECSR) and prepares the decisions of the Committee of Ministers. The Governmental Committee is willing to develop the cooperation further where appropriate, including in respect of the situation of migrant workers in temporary employment agencies.
7. In addition, the Governmental Committee recalls that pursuant to Article 26 of Part IV of the Charter, the International Labour Organisation “shall be invited to nominate a representative to participate in a consultative capacity in the deliberations of the Committee of Experts.” According to Article 26, a representative of the ILO participates in the work of the ECSR.
8. Whilst expressing in principle its agreement with the aims of the Recommendation 1782 (2007), and whilst concurring that the reinforcement of the rights of migrant workers is a challenge for the governments of the European States, the Governmental Committee considers that many of the problems identified by the Recommendation could be resolved through implementation of the rights guaranteed by the European Social Charter, including strict observance of the non-discrimination principle laid down by Article E of the Revised Charter, as well as maintaining a system of Labour Inspection appropriate to national condition laid down by Article A§4 of the Revised Charter.
9. The Governmental Committee points out that the Social Charter should be understood as the minimum legal basis for the protection and the assistance of migrant workers in temporary employment agencies, with a view to their integration in the territory of the host State.
10. Consequently, the Governmental Committee calls on all member States to ratify the Revised European Social Charter, to accept the provisions, which are relevant to the situation of migrant workers in temporary employment agencies, and to ensure their satisfactory application in domestic law and practice.
Note 1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.