Dans les dernières semaines de 2020, les craintes d'un Brexit sans marché ont été apaisées. L'établissement de l'accord entre l'UE et le Royaume-Uni marque le point de départ de la nouvelle relation. Les négociateurs de l'UE ont maintenant informé les députés de la commission de l'emploi et des affaires sociales sur les questions liées au travail et aux affaires sociales. Le chef du bureau d'EZA à Bruxelles, Mon Verrydt, commente les résultats :
Le texte du commentaire est rédigé en anglais.
This debriefing tells us a lot, but a lot of questions also remain as to how the concrete applications of this agreement will develop from now on. It is also important to know that all these points are part of the goal to achieve an equal level playing field. The negotiators underlined that the agreement contains a non-regression clause which means that the working conditions have to be maintained on the same level as they were at the end of the transition period. The working conditions cannot fall below the current basic agreements.
To enforce this starting point the agreement contains a toolbox of instruments.
On national level there are the labour inspectorates, the legal procedures and the role of the social partners. On EU level there is a dispute resolution with a panel of experts and a chapter for the sustainability with a reference to the European Charter also with advisory groups and panel of experts. New are the terms to ensure the level playing field by re-balancing measures when there grow significant differences in working conditions. Finally, they refer to the institutionalized role of the stakeholders, like the trade unions, regarding the implementation of the agreements.
ELA is not included in this toolbox. The UK can join this agency, but it is unlikely that this will happen.
Regarding the social security the negotiators said that the conditions in the agreement are defined as close to the conditions in the EU. But on the other hand there are also a lot of changes as a result of the Brexit and thus the end of the free movement of persons. There will be no coordination any more because the free movement ends. The European court is not authorized. There is also no dynamic adaptation of the agreement when there are new EU regulations. It has to be negotiated every time. There are limitations regarding family and unemployment benefits. Posted workers need from now on visa and work permit and the rules related to the social security changes.
Non-UK-citizens have to apply for a residence permit and when they immigrate they have to pay an extra healthcare contribution during five years. There are limited conditions to ask a repayment of this contribution, for example students who keep their social security file in the home country.
Furthermore, the recognition of professional qualifications changes. It is up to the professional associations to establish rules for the bilateral recognition and can be included in partnership agreements. The negotiators believe it is necessary for the European Parliament and the UK Parliament to find a way to cooperate by organizing joint committees.