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Acting on situations of posting of workers: “Learning by doing”
New methods for construction site monitoring: to secure service provision and conditions of use of outsourcing By regulating access to the construction sites An example of tool: the social identity card
Tuesday, 27 January 2015
Werner BuelenEuropean Federation of Building and WoodWorkers
Background informationTransparency discussion
Fake self-employment, agency workers, subcontractors, outsourced personnel, … in a trilateral or triangle relationship.
The European social partners recognise that bogus self-employment is not visible. In order to root out malpractices there is a clear need to put sector specific measures in place, in order to facilitate transparency on construction sites. Such measures could take the form of a Social ID-card or, according to national practices, of any other alternative instrument providing a similar level of transparency. Such instruments would facilitate the verification of whether the information on the employment status contained in such an instrument corresponds with the facts.
EFBWW and FIEC propose that everyone on a building site must be in possession of a personal recognition document, issued by the competent national authority or by the concerned body. Such a document should at least allow the identification of the person concerned, his/her employment status (directly employed or self-employed) and the contact information of the issuing national authority or the concerned body.
FIEC-EFBWW: 5th February 2010
Towards a mapping exerciseA mapping exercise :The existing ID systems in place, taking into account
– 1) the main characteristics– 2) the motives for the introduction of the initiatives, – 3) evidence of their impact and the opinions of the main actors
and protagonists in the discussion
Focus on employment related aspects qualifications/training, fiscal aspects, and others
Address the costs/financing of the existing cards.
Towards a mapping excersiseMethodology:The research was be conducted through a literature review and interviews with various key actors. The main characteristics include the legal framework, purpose, approach (detection, prevention, penalisation, etc.), scope, content, extent, responsible institutions or agents, experiences, impact, output, added value, etc.
Towards a mapping exercise• Paritarian steering group: FIEC - EFBWW• Coordinating experts: Mr. Francesco Briganti and Ms Magdalena Machalska, AEIP• National experts:
– For Belgium: Mr Marc Van Engeland, Directeur Principal - Manager CONSTRUCTIV– For Denmark: Søren Lange Nielsen, Chefkonsulent Arbejdsgiversekretariatet, DANSK BYGGERI– For France: Daniel Dupont, Secrétaire Général, groupe PROBTP – For Italy: Mauro Miracapillo, Director, Commissione Nazionale Pariteca per le Casse Edili (CNCE)– For the Netherlands: Mr Klaas Sloots, Inspector Technisch Bureau Bouwnijverheid Bouw en Infra Park – For Finland: Ville Wartiovaara, Senior Advisor, General Contractors of Finland, Helsinki Regional Office– For Germany: Prof. dr.iur Heinz-Dietrich Steinmeyer, Westfälische Wilhelms-Universität – Institut für Arbeits-, Sozial-
und Wirtschaftsrecht II – For Luxembourg: Miguel Martinho, Attaché de Direction 1er en rang, Inspection du travail et des mines– For Romania : Mr. Dan Cristescu, President, Federatia Generala a Sindicatelor FAMILIA– For Lithuania: Arimantas Glebauskas, Administration director, Lithuanian Builders Association (AB "YIT Kausta")– For Spain: Mr Enrique Corral Álvarez, Director General, FUNDACION LABORAL DE LA CONSTRUCCION– For the UK: Mrs Helen Atkinson, Director of Strategy and Communications, Construction Skills Certification Scheme
(CSCS) – For Sweden: Jan Andersson, IT-Strateg, the Swedish Construction Company
• Legal expert: – Prof. dr.iur Heinz-Dietrich Steinmeyer, Westfälische Wilhelms-Universität – Institut für Arbeits-, Sozial- und
Wirtschaftsrecht II (Germany)
Social ID Card Participation legal basis
responsible actors
costs supported by
applied to posted
workersvisual
information Data Chip
Intented to be fraud resistant
Issuance (printing and
delivery)
Belgium yes voluntary
agreement of social
partnerssocial
partners
Paritarian social fund (employers
contribution) yes yes yes yes centralised
Denmark yes voluntary
agreement of social
partnerssocial
partners
paritarian training
institution no yes yes yes centralised
Finland yes mandatory law employer employer yes yes no yes decentralised
France yes voluntary
agreement of social
partners
Employer (l’Union des caisses de France du
réseau Congés
Intempéries BTP)
l’Union des caisses de France du
réseau Congés
Intempéries BTP
(Employer contribution) no yes no yes decentralised
Italy yes mandatory
law + regional
collective labour
agreements
paritarian institution or
employer
paritarian institution or
employer yes yes no no decentralised
Lithuania
yes (Employee’s
Identity Card) voluntary
agreement of social
Partnersemployer or
customeremployer or
customer yes yes no no decentralised
Social ID Card Participation legal basisresponsible
actorscosts
supported by
applied to posted
workersvisual
information Data Chip
Intented to be fraud resistant
Issuance (printing and
delivery)
Spain yes voluntary
collective agreement
paritarian institution (Fundacion
Laboral)
paritarian institution (Fundacion
Laboral) no yes no yes centralised
Sweden yes voluntary
contractual term between principal and
contractorsocial
partners employer yes yes yes yes
both (centralised)
and decentralised
UK yes voluntary
agreement of social
partners
Paritarian institution
(Construction Industry Training Board))
employer or individual yes yes yes yes centralised
Luxembourg yes mandatory lawPublic
authority
employer/posting
company yes yes no server) yes centralised
Romania yes voluntary
agreement of social
partners
Social Partners
trough SASeC
(stage 1) Pilot Project FSE
financed (stage2)
Paritarian Funds
through SASeC yes yes yes yes. centralised
Participationapplied to
posted workers
PURPOSE
Worker ID OSHTraining / education
Sectorial working experience
Undeclared or illicit employment
BELGIUM voluntary yes yes no no no yes
DENMARK voluntary no no no yes no no
FINLAND mandatory yes yes no no no yes
FRANCE voluntary no yes no no no yes
ITALY mandatory yes yes no no . no yes
LITHUANIA voluntary yes yes no no no yes
LUXEMBOURG mandatory yes yes no yes no yes
ROMANIA Voluntary yes yes no yes yes yes
SPAIN voluntary no yes yes yes yes no
SWEDEN voluntary yes yes no no no yes
UK voluntary yes yes no yes yes no
Typology of the cards
Overall project conclusionsSocial ID card schemes are: “individualized worker certification tools, which contain visible and safely stored electronic data that aim to attest that specific social and/or other (e.g. professional experience and/or qualifications, OSH training, social protection/security issues …) requirements have been met by the worker’s employer and/or the worker him/herself”.
Overall project conclusions• There is a persistent challenge to improve and better control
the functioning of the national construction labour market and the need to create smart and efficient tools
• The strong involvement of the sectoral social partners is one of the determining elements for success
• All existing social ID card schemes are tailor-made for the typical features and needs of the national labour markets
• Most schemes clearly fulfil the needs for which they were established. At the same time, we also observe an ongoing trend in several Member States aimed at strengthening existing social ID schemes.
Overall project conclusions• In line with the growing number of migrant workers there is also a common
desire to strengthen cross-border cooperation between the different national schemes.
• The key question regarding to the use, storage and processing of personal data, as well as the possibility of exchanging (cross-border) data needs to be clarified at EU-level.
• A possible EU initiative should only serve as a complementary tool to the existing national social ID schemes and must generate clear added value for the national scheme and under no circumstances be made compulsory to replace the existing national social ID card schemes with a European standard, nor should they have to be adapted to fit such a European standard. This does not exclude any voluntary efforts of the national social partners themselves to make their own existing system compatible with those of other Member States or with a European standard.
• Any national social ID card scheme should apply to all workers employed in the construction industry, regardless of the employment relationship and their country of origin.
