ELA supported in March cross-border inspections of almost 200 companies. More than 600 workers were interviewed.
Eight joint inspections took place across the EU on 18-24 March, in Cyprus, Germany, Hungary, Lithuania, Malta, Romania and Slovakia. The action was carried out by labour inspectors as well as enforcement officers from customs, social security, tax, police and migration authorities. Observers joined from Austria, Bulgaria, Czechia, Poland, Portugal and Slovakia.
Inspections focused on construction worksites with substantial numbers of foreign workers. Multiple layers of subcontracting, presence of temporary work agencies, posting and self-employment mixed with regular employment are characteristic to this economic sector.
National Labour Inspectorate of Slovakia hosted a cross-border inspection in construction for the first time with observers from the Czech Labour Inspectorate and Austrian Finance Police.
"Even though there are differences how labour inspections are organised in Slovakia, Czechia and Austria, we share a lot. Many of our basic tools – such as the template to collect information from workers in the construction site - are very similar"
The checked worksites in Bratislava region were identified based on posting declarations, which are administered by the National Labour Inspectorate. At one of the worksites there were posted workers from Czechia.
"The workers had PD A1 forms and initial checks have not identified any irregularities. Based on our inspections in construction and other sectors we have had recently less of an issue with posting of third country nationals due to Ukrainians having access to temporary protection"
The alleged infringements concerned mainly undeclared work, occupational safety and health, remuneration, bogus self-employment or illegal work of third-country nationals. In many of the workplaces the number and level of fines is still to be determined once investigations are finalised.
For example, in Cyprus a two-day inspection effort led to checking of 63 companies and a total of 218 workers of which 84 were EU citizens and 30 third-country nationals. The 27 fines for undeclared work and other labour law infringements could amount to more than 105 thousand euros.
In Hungary the cross-border inspection showed a preventive role of ELA-supported actions. A worksite in Budapest inspected as part of a cross-border inspection last autumn was revisited. The percentage of undeclared work was now much lower.
Last update: 05/04/2024
ELA has identified the construction sector as a priority for 2023, acknowledging its high mobility and vulnerability to irregularities associated with labour mobility. This emphasis will extend to 2024 and beyond, reinforcing our continuous commitment to assist Member States in tackling challenges unique to this sector. ELA remains steadfast in its support for cross-border inspections across various sectors to ensure fair and efficient labour mobility in the EU and to uphold workers' rights by facilitating the appropriate enforcement of EU legislation.
Pia-Johanna Fallström
European Labour Authority
Head of communication sector & Spokesperson
press
ela [dot] europa [dot] eu (press[at]ela[dot]europa[dot]eu)