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Kick off for the European Labour Authority.

Published by Thomás de Carranza Abogados at 16/07/2019
On 11 July 2019, Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing the European Labour Authority was published. This body will have its headquarters in Bratislava and among its most important challenges are:

Inadequate support and guidance to individuals and businesses in cross-border situations, including incomplete or poorly available information to the public on their rights and obligations;
Insufficient access to information and exchange of information between national authorities responsible for the different areas of labour mobility and social security coordination;
Insufficient capacity of national authorities to organise cooperation with authorities across borders;
Fragility of mechanisms for carrying out joint cross-border enforcement activities or absence of such mechanisms;
Absence of a specific cross-border mediation mechanism between Member States in all areas of labour mobility and social security coordination;
Insufficient organisation of cooperation at EU level in this field.

The overall objective of the initiative is to contribute to ensuring equitable labour mobility in the internal market. In this context, the proposal is aimed at:

To improve access for individuals and employers to information on their rights and obligations in the areas of labour mobility and social security coordination, as well as access to relevant services;
Strengthen operational cooperation between authorities in the cross-border enforcement of relevant Union legislation, including the facilitation of joint inspections;
Provide mediation and facilitate solutions in cases of differences between national authorities and disruptions of the cross-border labour market, such as company restructurings affecting several Member States.

In particular, the Authority will be entrusted with a number of operational tasks, namely providing relevant information and services to individuals and employers, as well as supporting Member States in cooperation, exchange of information, concerted and joint inspections, risk assessment, capacity building, mediation and cooperation in the event of cross-border labour market disturbances. Existing EU structures and tools in the field of cross-border labour mobility and social security coordination will be integrated or complemented by an Authority offering unprecedented operational and technical support to Member States.

The Authority will benefit all persons who are subject to Union rules in the field of cross-border labour mobility and social security coordination, in particular employees, self-employed persons and other persons who are Union citizens or third-country nationals legally residing in the Union and who are in a cross-border situation. This includes posted workers, EU Blue Card holders, intra-corporate transferees and long-term residents, provided they are subject to the abovementioned rules. It will also benefit companies carrying out cross-border activities, in particular for recruitment purposes.

María Gomes Sousa

More about our specialty in Labor Law click in: Labour

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