Effective labour inspections and working conditions Claude Emmanuel TRIOMPHE Bruxelles, European Parliament, September 18, /02/20141

2 Labour inspection systems in the EU – Various concepts and competencies (1) Labour inspection - An ILO concept and legal reference (especially ILO conventions nr 81, ratified by all EU 28 MS). No legal reference in EU law. - Different names / different concepts - Labour inspection (or equivalent) * Generally speaking generalist systems competent for OSH but also main labour standards (minimum wages, working time, labour contracts, illegal work and even industrial relations). MS concerned: most of South (including Belgium and France) and Central EU countries * Inspectors recruited mainly among labour lawyers of with a mix with engineers/technicians - Working environment authorities(or equivalent) * Generally speaking specialized systems competent mainly for OSH with some some additional competencies (like minimum wages or working time or environmental issues). MS concerned: North and some Central EU countries * Inspectors recruited mainly among engineers and OSH specialists

16/02/20143 Labour inspection systems in the EU – Various concepts and competencies (2) Different coverage: Private sector/ public sector (especially public administration) Different systems of sanctions: administrative and criminal (through courts and prosecutors) Generally under Ministries of Labour responsibility but some exceptions like Poland (under Parliament). Centralized State system except in Germany Different education and training systems (On the field + LLL modules versus specialized schools like in ES, FR, ES, PT..) Common competency: OSH but not working conditions as defined by Eurofound (2011): Working conditions refers to the working environment and aspects of an employees terms and conditions of employment. This covers such matters as: the organisation of work and work activities; training, skills and employability; health, safety and well-being; and working time and work-life balance. Pay is also an important aspect of working conditions. -

16/02/20144 Labour inspection systems in Europe: Do they act together? The SLIC (Senior Labour Inspectors Committee) and its main activities - A soft structure mainly dedicated to exchanges between senior officers in charge of LI systems. Some initiatives about * Sharing good practices * Common Campaigns on OSH (manual handling, chemical risks etc..) * Common advices on EU OSH strategy * Workshop on LI systems management methodologies and evaluation - Obvious limits in terms of resources (not a coordination body), real impact, approaches to working conditions, common training or exchanges of inspectors. Other initiatives * Several EU projects on posted workers making different LI systems working together on better cooperation between them as well as with social partners * Cross border exchanges (OSH, posting of workers, big cross border construction projects.. ) * Small network of specialized schools (RIFT)

16/02/20145 Main challenges LI systems are facing in the EU (1) Facing the transformation and globalization of companies * Value chains are increasingly EU- and worldwide. Outsourcing and subcontracting is a main feature transforming the systems of powers and legal responsibilities. Internationalization of labour markets and jobs is increasing as well. On the other hand SMEs are growing in many regards. How LI systems, usually dealing with sites, workplaces and large companies concepts may deal with such transformation ? To whom should they direct to be effective ? Facing the evolution of labour standards * OSH and working conditions traditionally based on laws is now also based on standards (IS etc..), on soft law, on social dialogue. Labour standards are differentiating form a company to another, from an employee to another. Beside State LI, companies audits and certification creates competition and a kind of private LI. In the context where legal instruments are less in the core of enforcement systems, what kind of new instruments in the future ? What kind of sanctions in the absence of legal instruments ? What added value and/or complementarity with other inspection systems ?

6 Main challenges LI systems are facing in the EU (2) Facing the need for a broader approach of working conditions * European workplaces are more and more in the service sector, switching from traditional manufacturing risks to more immaterial and psycho social risks. In parallel, working regimes are more and more differentiated and individualized. Finally, OSH is too narrow to take in account key factors like work organisation, diversification of contracts, working time arrangements etc. How this broader approach can be taken in account by such diversified systems ? How could they focus on nowadays working and unstable conditions and not on previous ones ? Facing a new nature of employee relationship * Labour contracts are diversifying but also shortening. Restructuring is a key feature of present working lives. Work relationships are growing also outside of traditional employment (independent, free lancers,..). The concept of subordination is becoming vague for a part of the working population. Last but not least employee representation and trade unions are weak within this (growing) population. How LI address this new employment patterns of employment ? To what extent can they interact with representatives of this world if social partners are losing ground ? What systemic approach of new worlds of work ?

16/02/20147 Towards an EU labour inspection ? Issues of common interest are growing * Mobility of workers (and not only posted workers!) * Key role of multinational companies and their working standards (within companies and for their contractors/suppliers) * Main challenges related to main socio-economic evolutions are present in all MS But LI systems remain national oriented and unable to cope with key changes More integrated LI system in the single market requires other methods and bodies * Cross fertilization is mostly limited to SLIC. What about common training modules ? Cross border units ? Common data banks ? * Platforms for exchanges like SLIC should be transformed (or abandoned ?) for coordination systems able to have an influence on effective centres of decisions, on value chains, * More unified and innovative instruments (methodologies, cross border sanctions systems) are needed to be online with globalised companies and new ways of work Euro labour corps as a concept for tomorrow ? Thank for your attention