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EU construction firms call for rules on unfair use of non-EU workers

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Construction industry federations from seven European nations have called on the European Commission to introduce clear legislation governing the posting of third-country nationals (TCNs) on construction projects within the EU.

Berlaymont building the headquarters of the European Commission for the European Union in Brussels, Belgium Berlaymont building the headquarters of the European Commission for the European Union in Brussels, Belgium (Image: Aliaksandr via AdobeStock - stock.adobe.com)

In a joint position paper shared by the European Construction Industry Federation (FIEC), the seven countries warn that contractors from outside the bloc can exploit legal loopholes to deploy non-EU workers under less stringent conditions than EU labour, giving them an unfair price advantage.

The Netherlands, Belgium, Denmark, Germany, Italy, Latvia and Luxembourg all put their names to the position paper.

The practice, they argue, undermines fair competition and leaves TCNs at greater risk of exploitation, poor working conditions and inadequate social protection.

The signatories want a new EU directive defining what constitutes lawful and habitual employment for posted TCNs, setting limits on posting duration, and strengthening enforcement mechanisms across borders.

According to the paper, the absence of harmonised rules and inconsistent national interpretations of case law have made enforcement difficult. FIEC members say a clearer legal framework would “combat social dumping, protect workers against abuse and safeguard the competitiveness of the single market.”

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