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19. 03. 10. - 12:00

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19. 03. 10. - 12:00

EC tells the Netherlands to respect Romanian workers´ rights

Romanian Times

The European Commission (EC) asked the Netherlands to review its restrictions on Romanian and Bulgarian employees who are temporarily dispatched to that country by their employers, according to the EC.

The EC said yesterday (Thurs)that it might take the Dutch government to the European Court of Justice if it did not reply satisfactorily within two months.

"Under Dutch rules, businesses must obtain work permits for certain staff members before they can be temporarily posted to the Netherlands to perform services. This applies to staff members from Bulgaria and Romania, as well as to staff members from non-EU countries who live and work legally in the member state of their employer," the EC said.

The EC regards the work-permit requirement as a violation of the EU Treaty’s provision on freedom of services.

The EC's request is in the form of a "reasoned opinion" - the second stage of infringement proceedings according to article 258 of the EU Treaty.

"The posting to the Netherlands for the purposes of a service contract of workers from Bulgaria and Romania by businesses established in a member state other than the Netherlands is still subject, in certain cases, to the obligation to obtain work permits," the EC added.

The rule applies to workers employed by an EU business and posted to an undertaking owned by the same business in the Netherlands. That is also the case for workers who are employed by a temporary employment agency established in an EU member state and who are temporarily posted to the Netherlands with a service contract (so-called "cross-border hiring of workers").

The EC went on to point out that "the granting of work permits depends on an assessment of the situation in the Dutch labor market.

"This means that Dutch authorities may refuse to grant a work permit and check whether the positions in question could be occupied by workers entitled to preferential treatment before issuance of a permit.

"The Accession Treaties with Bulgaria and Romania contain no derogation for the Netherlands regarding freedom of services involving the posting of workers," the EC said.

A Dutch MP sparked an outcry last July when he said in an interview that Romania and Bulgaria should be ousted from the European Union as the countries were not ready to become EU members and were very corrupt.

Dutch MP Geert Wilders, the leader of the Dutch Freedom Party, well-known for its anti-Islamic, anti-EU and anti-immigration rhetoric, said in an interview by Euronews that he opposed EU enlargement: "I think no other country should join the European Union. I’m even in favour of Romania and Bulgaria leaving the European Union. My party voted against their accession in the Dutch parliament."

Romania and Bulgaria adhered to the European Union in 2007.

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