Social affairs commission (SOC)

Brief description and main aims: 

Regulation (EU) 2019/1149 of 20 June 2019 establishes the European Labour Authority (ELA): https://www.ela.europa.eu/home 

The main aims of the ELA are the following: improving the access to information by individuals and employers about their rights and obligations in the areas of labour mobility and social security coordination; strengthening operational cooperation between authorities in the cross-border enforcement of relevant Union law, including facilitating joint inspections; providing mediation and facilitating solutions in cases of disputes between national authorities.

The ELA is led by a Management Board and FIEC is member of the Stakeholders’ Group, which has an advisory role. In addition, several working groups have been set up: on (improving) information from public authorities to companies and workers, on joint inspections and on mediation.

Also, in 2021, important stand-alone bodies which were dealing with mobility-related issues (i.e., the Committee of Experts on Posting of the European Commission and the EU Platform against Undeclared Work) in which FIEC was sitting, have been incorporated into the ELA.

Why FIEC is dealing with this topic:

Mobility within the Internal Market is an issue of crucial importance for construction companies. It is also a source of fraudulent practices amongst others because of the difficulties in the controls and the lack of coordination between public authorities, which affects genuine companies and the possibility for them to act on a level playing field.

Genuine companies also suffer from the lack of or the difficult access to information in this field.

It is therefore of crucial importance that FIEC has secured its presence in this new Authority (i.e. in the Stakeholders’ Group).

Brief description and main aims: 

On 1st July 2020, the European Commission presented an update EU Skills Agenda, building on the 2016 Agenda – which, in the meantime, has been implemented.

This agenda sets new ambitious quantitative objectives for upskilling (improving existing skills) and reskilling (training in new skills) people over the next 5 years.

The presented agenda focuses in particular on 3 principles:

First action amongst the 12 is the set-up of sectoral “Pact for Skills”, including in construction. It is aimed at bringing together stakeholders, including social partners, which share the objective of up- and reskilling the workforce to enable the green and digital transition. These stakeholders are requested to sign a Charter, which defines the key principles that are essential to fulfil this objective, within their organisations but also across their value chain.

Why FIEC is dealing with this topic:

The problems of lack of skilled workforce, skills gaps and skills mismatches in the construction sector are crucial for FIEC.

This is even more the case now as the availability of skilled construction workers will be key to the success of the European Green Deal’s Renovation Wave, as well as to the overall digital transition of the construction industry.

FIEC is already involved in these topics in many ways, and namely through our social dialogue with EFBWW.

Moreover, FIEC is partner in the “Construction Blueprint for a Sectorial Skills Strategy” (Erasmus+ project) which will last until March 2023 and define the new skills needs in the fields of energy efficiency, circular economy and digitalisation.

Together with the EFBWW, and in cooperation with EBC, FIEC worked on a Pact for Skills in construction, based on our joint experience in this field. We also targeted a few quantitative and qualitative objectives to which we can commit in this framework.

In February 2022, at the occasion of the Industry Days 2022, the Pact for Skills in Construction was officially launched. 

FIEC, EFBWW and EBC are now monitoring the implementation of this initiative (i.e., collecting the commitments of stakeholders who wants to join) in view of reporting on the outcomes to the European Commission.

Brief description and main aims: 

As the EU Strategic Framework Health & Safety at Work (2014-2020) came to its end, the European Commission prepared and published an updated Strategic Framework for the period 2021-2027. This is considered as high priority.

With the renewal of the Strategic Framework, recommendations, as well as the revision of some legislative acts, the European Commission aims to:

• better anticipate and manage changes in the workplace, particularly in connection with the digital and green transitions;
• improve the prevention of workplace accidents and work-related illnesses; 
• prepare for a possible health crisis.

Why FIEC is dealing with this topic:

Health and Safety at the workplace is an all-time priority for FIEC, who is also cooperating closely with the trade unions (EFBWW) on that matter. Indeed, even if the situation has improved over the past years, the construction industry remains sensitive to accidents and work-related diseases.

In its response to the Commission’s consultation, FIEC pointed out that the current legislative framework is sufficient, so that the focus should rather be put on the implementation of the existing rules, through the exchange of best practice, awareness raising campaigns, accompanying measures for companies and in particular SMEs, etc.

However, as the European Commission intends to revise several relevant pieces of legislation anyway (i.e. asbestos, silica, REACH, workplaces, etc.) it is very important that FIEC gets involved in the debate.

Brief description and main aims: 

The Machinery Directive (2006/42/EC) concerns machinery and certain parts of machinery. Its main intent is to ensure a common safety level in machinery placed on the market or put in service in all EU Member States and to ensure freedom of movement within the EU.

On 21st April 2021, the European Commission proposed to revise this Directive and turn it into a Regulation. The main aims of this revision are to align the new legislative act with EU harmonised legislation on product health and safety; tackle the challenges that may arise from technical progress in digitalisation; and solve divergences in interpretations.

Why FIEC is dealing with this topic:

The well-functioning of the Internal Market for the free movement of products, as well as health and safety aspects on construction work sites are two major issues dealt with by FIEC.

The proposed modifications of the legislation might have important impact in terms of responsibility of contractors (versus manufacturers) in case of necessary adaptation of the machines or accidents, for instance.

In general, better cooperation from the manufacturers would be needed regarding the user’s manuals, advanced information on the machines, ownership on/ treatment of the generated data, improvement of ergonomics and health and safety of the operators, etc.

In parallel, FIEC is participating in the Machinery Expert Group of the European Commission and provides input and feedback.

Brief description and main aims:

The “Posting” Directive defines the rules that apply when a company provides services, for a limited period, in a country other than the one where it usually operates. As the provision of services is temporary, some of the rules that apply are the ones of the “host” country (minimum wage, working time, health and safety…), whilst others (for example “Social security”) remain the ones of the “home” country.

Latest revision to date, Directive (EU) 2018/957 of 28 June 2018 amended the original Directive from 1996 on the “posting of workers in the framework of the provision of services”, with the aim to address the problem of unfair practices and to promote the principle that the same work at the same place should be remunerated in the same manner. Member States must apply the new rules since 30 July 2020.

At present, the European Commission is following the implementation of both this new Posting Directive, as well as the “Enforcement Directive” (2014/67/EU) by the Member States. 

Adopted in 2014, this later Directive aims at strengthening the practical application of the Posting Directive by addressing the inspections and monitoring or the exchange of information between Member States, for instance. To date, infringements have been identified by the European Commission in most Member States, because of non-compliance of their national legislation with this Directive (in particular regarding articles 9, 12 and 20).

In parallel, the European Commission is also working on a single e-declaration form that Member States could use on a voluntary basis, in order to harmonise the declaration procedures.

It has also launched a broad study on cross-border workers in subcontracting chains, in order to assess the overall functioning of the posting legislation.

Why FIEC is dealing with this topic:

Approximately half of the postings within the Internal Market are in construction activities and therefore these new rules can have a significant impact for construction companies.

FIEC is following the implementation phase and the related activities and keeps a close look at the newly introduced provisions such as, for example: the reference to “remuneration” instead of “minimum wage”; a limitation in time (max 12 months, plus 6 possible additional months) beyond which the terms and conditions of employment that are mandatorily applicable to workers will be the ones of the Member State where the work is carried out; a clarification of the rules applicable to the reimbursement by the employer of the expenditures incurred on account of the posting, such as on travel, board and lodging.

FIEC is also advocating that sectoral initiatives, like national social ID cards, should not be put at risk by the ongoing infringement procedures.

Brief description and main aims: 

Good occupational safety and health, including protection of workers from exposure to carcinogens, is top priority for the European Commission. 

The European Commission considers that improved protection of workers exposed to asbestos will be important in the context of the green transition (the Renovation Wave), which is at the heart of this Commission’s agenda, and of recovery from the effects of COVID-19. Indeed, occupational exposure limit values (OEL) on asbestos play an important role in the renovation of buildings.  

The current binding OEL for asbestos is 0.1 fibres/cm³ as an eight-hour time-weighted average (TWA). The European Commission considers that the existing OEL should be amended in order to take account of the most recent knowledge, scientific development and technical progress. This is why, in a proposal published on 28 September 2022, the European Commission suggests lowering the existing OEL by 10 times, to 0.01 fibres/cm3. In a Communication, the European Commission proposes a series of complementary measures to be taken (e.g. mandatory screening of buildings, better waste treatment, guidance, financial support and an awareness-raising campaign).

In parallel, the European Parliament had contributed to this issue, with a legislative own-initiative report by MEP Nikolaj Villumsen (Left-DK). Amongst the various recommendations, the European Parliament namely advocated for a drastic lowering of the OEL for asbestos, to 0.001 fibres/cm3.

Why FIEC is dealing with this topic:

Asbestos is a key occupational carcinogenic agent which has been used worldwide for decades in building. Although this substance is no longer in general use in the EU, there is a substantial legacy problem due to its presence in many older buildings that are likely to be renovated, adapted or demolished over the coming years.

These works present a potential risk that workers will be exposed to asbestos, and it is important that it is carried out in a controlled way by suitably trained workers and under the proper supervision of their employers.

This is currently an important topic, not only under Union action on prevention and the protection of workers but also due to the EU-wide need to improve the thermal insulation of the built environment and enable energy savings, in line with the EU Green Deals’ Renovation Wave initiative.

However, most EU Member States have already implemented strict measures in this field and FIEC is worried that a further lowering of the OEL at EU level will become unrealistic for construction companies to comply with.