On March 28, the European Union (EU) announced new rules on seasonal workers from non-EU member countries, according to the EU Official Journal. The 28 EU member countries are given until September 30, 2016, to apply the news rules to their domestic laws. Some interesting points of the new rules are as follows:
Each member state will be required to fix a maximum length of stay for non-EU seasonal workers, of between 5 and 9 months over a 12-month period. These workers will be able to extend their contracts or change employers within that limit. Seasonal workers have to be legally protected in a recipient country while they are in the country, waiting to renew their contract. They are allowed to return to the country for temporary stay if their paperwork is delayed.
Seasonal workers who have been permitted to work in a country and have no crime record nor had breached any rule, can request to return to the country within five year with special privileges. They will be given priority for admission to the country, with less support evidence and shortened visa application procedure.
Under the rules, EU member countries are encouraged to determine fair and appropriate fee for work permit application. Employers are also encouraged to take responsible for travel fees and health insurance fee for their seasonal workers.
The rules give non-EU seasonal workers the same rights as EU nationals as regards minimum working age, pay, dismissal, working hours, holidays, and health and safety requirements. They will also have the right to join a trade union and have access to social security, pensions, training, and advice on seasonal work offered by employment offices and other public services, except for public housing.
A recipient EU country will also have to arrange appropriate accommodation and if it is arranged by an employer, the rent must not be excessive and be appropriate to a worker’s wage. The accommodation must meet health and safety standards. A rental contract has to be arranged.
Seasonal workers have rights to personally lodge petition to their employer or via representatives with full protection against the employer’s response. Domestic laws in each EU country have to be applied.
Labour Section
Permanent Mission of Thailand to the United Nations and Other Organization
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