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
Werner Buelen
European Federation of Building and WoodWorkers
Tuesday, 27 January 2015
Background information
Transparency 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 IDcard 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 exercise
A 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 excersise
Methodology:
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
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Paritarian steering group: FIEC - EFBWW
Coordinating experts: Mr. Francesco Briganti and Ms Magdalena Machalska, AEIP
National experts:
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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-, Sozialund 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:
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Prof. dr.iur Heinz-Dietrich Steinmeyer, Westfälische Wilhelms-Universität – Institut für Arbeits-, Sozial- und
Wirtschaftsrecht II (Germany)
costs
Social ID
Card
Participation
legal basis
applied to
Intented to
Issuance
responsible
supported
posted
visual
be fraud
(printing and
actors
by
workers
information
Data Chip
resistant
delivery)
yes
yes
yes
yes
centralised
Paritarian
agreement of
Belgium
yes
voluntary
social fund
social
social
(employers
partners
partners
contribution)
agreement of
paritarian
social
social
training
Denmark
yes
voluntary
partners
partners
institution
no
yes
yes
yes
centralised
Finland
yes
mandatory
law
employer
employer
yes
yes
no
yes
decentralised
no
yes
no
yes
decentralised
yes
yes
no
no
decentralised
yes
yes
no
no
decentralised
l’Union des
France
yes
voluntary
Employer
caisses de
(l’Union des
France du
caisses de
réseau
France du
Congés
réseau
Intempéries
agreement of
Congés
BTP
social
Intempéries
(Employer
partners
BTP)
contribution)
paritarian
paritarian
law +
regional
collective
labour
Italy
yes
mandatory
agreements
institution or institution or
employer
employer
yes
Lithuania
(Employee’s
agreement of
Identity
social
employer or
employer or
Partners
customer
customer
Card)
voluntary
applied to
Social ID Card Participation
Spain
yes
Intented to
Issuance
be fraud
(printing and
responsible
costs
posted
visual
actors
supported by
workers
information
Data Chip
resistant
delivery)
paritarian
paritarian
collective
institution
institution
agreement
(Fundacion
(Fundacion
Laboral)
Laboral)
no
yes
no
yes
centralised
legal basis
voluntary
contractual
Sweden
yes
voluntary
term
both
between
(centralised)
principal and
social
contractor
partners
and
employer
yes
yes
yes
yes
decentralised
yes
yes
yes
yes
centralised
yes
yes
no server)
yes
centralised
yes
yes
yes
yes.
centralised
Paritarian
institution
(Construction
UK
Luxembourg
yes
yes
voluntary
mandatory
agreement of
Industry
social
Training
employer or
partners
Board))
individual
Public
employer/pos
authority
ting company
law
(stage 1) Pilot
Project FSE
financed
(stage2)
Paritarian
Romania
yes
voluntary
agreement of
Social
Funds
social
Partners
through
partners
trough SASeC
SASeC
Typology of the cards
PURPOSE
applied to
Training /
Sectorial working
Undeclared or illicit
Participation
posted workers
Worker ID
OSH
education
experience
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
Overall project conclusions
Social 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.
Thank you
on behalf of FIEC and EFBWW
Werner Buelen
wbuelen@efbh.be
Domenico Campogrande
d.campogrande@fiec.eu