For Information : ETUC input for EMPL exchange with Commission on pilot for European Social Security Pass – 28 April 2022
Brussels, 26 April 2022
- To the Members of the European Parliament Committee on Employment and Social Affairs (EMPL)
Honourable Members,
On behalf of the European Trade Union Confederation, we wish to share some key messages with you ahead of your exchange of views on 28 April with the European Commission in the EMPL Committee regarding the ongoing pilot project for a European Social Security Pass (ESSPASS).
We express our strong support for the European Parliament Resolution of 25 November 2021 on the introduction of a European social security pass for improving the digital enforcement of social security rights and fair mobility (2021/2620(RSP)). The ESSPASS initiative must not aim only at simplification, but should offer concrete tools to ensure the effective enforcement of workers’ rights across borders.
Ahead of your discussion, the ETUC wishes to highlight in particular the following issues:
- The need for a legislative proposal to improve cross-border enforcement on labour mobility rules is long overdue. Already in 2018, the Commission announced a European Social Security Number to ensure fair working conditions for mobile workers, equipping enforcers with the necessary tools to fight fraud and abuse. How will the Commission make sure that the ESSPASS will have the same level of ambition and scope as the 2018 initiative, including as regards e.g. also traceability of social security entitlements or a longer-term vision for extension of its practical implementation into other areas of labour mobility? How will the design of the ESSPASS ensure compatibility with other existing enforcement tools such as social ID or labour cards at national level?
- Real-time verification of the information declared is key to monitor compliance and enforce the rights of mobile workers. However, this verification must not be limited to a simple check of social security status as ‘covered/not covered’. To be able to detect e.g. bogus posting, bogus self-employment and letterbox companies, enforcers must have access also to the information based on which the coverage has been issued, such as the employment status of the worker, the habitual place of work, time of affiliation to the social security system and the identity of the employer. The question is not only whether the worker is covered but also whether social security contributions have been effectively paid and by whom. How will the Commission ensure that the ESSPASS enables enforcers to identify and take action in situations where the information declared does not correspond to the facts at hand?
- The secure verification of data should allow enforcers to effectively identify possible fraud. While any digital feature should remain voluntary for mobile workers to be able to exercise their free movement, its optional use should also not create loopholes for fraudulent employers. Importantly, holders of the ESSPASS must be entitled to know what personal data is contained in the ESSPASS and receive guarantees that it is not being shared for any other purpose than the enforcement of rules on labour mobility and workers’ rights. How will the Commission make sure enforcers can use the ESSPASS for data mining purposes to identify risks and better target inspections, while also ensuring the highest standards of protection for personal data?
For further details on our demands for digital enforcement tools and the ESSPASS, please consult the ETUC Resolution on Fair Labour Mobility and Migration, available in English and French. Please do not hesitate to contact us, should you have any questions.
We thank you for your consideration, and wish you a fruitful exchange of views.
Yours sincerely,
Claes-Mikael Ståhl
Deputy General Secretary