It has come to the attention of EUROCADRES that current negotiations regarding the content of the directive on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (COM(2010) 378 final) include the prospect of possibly applying a discriminatory regulation upon third country nationals because of the link between the ICT-directive and the posting of workers’ directive.

It is the strong opinion of EUROCADRES that the fundamental principle of nondiscrimination, as stated in the treaty, shall apply and therefore third country nationals are not to be excluded from protective labour legislation in place within the host country. Full equal treatment should apply. Mobility of persons enables better matching and use of skills, knowledge and competences throughout the European Union.

EUROCADRES is therefore strongly committed to removing barriers and obstacles to mobility. However, mobility should never be at the cost of losing the fundamental right to be protected against discrimination. Our goal is the completion of an Internal Market where all workers, managers and professionals can fully benefit from the freedom of movement and professional practice.

We wish to reaffirm our commitment to work in collaboration with the institutions of the European Union and national governments towards an effective and realistic implementation of the recognition of professional qualifications, in particular the professional cards. In the earlier stages of the long legislative process of the directive EUROCADRES put forward an opinion which stated the following:

“EUROCADRES supports the mobility of knowledge and skills yet at the same time equal treatment must be guaranteed. EUROCADRES also supports the stated aims of laying down minimum standards for intra-corporate transfers, simplifying the rules across Member States, and quickening the procedure are good in principle.

In practice however, the labour immigration legislation at the EU level is becoming so complicated that it is more and more difficult even for experts to manage. The legislation encompasses the general framework directive, several sectoral proposals, the directives on posted workers and researchers, and commitments under internationalagreements, among others.

As simplification of rules remains a declared goal of the Commission, EUROCADRES would like the Commission to seriously consider whether the sectoral proposals are heading towards the right direction. The proposal on intra-corporate transfers has potentially an enormous impact on labour markets in the EU and Member States, especially for the professional and managerial staff.

However, the labour market parties were not properly consulted during the preparation process of the proposal. The consultation was organised at a very general level on the Green Paper on an EU approach to managing economic migration in 2005, which is simply not enough. A proper directive-specific consultation with labour market parties should have followed.

EUROCADRES strongly recommends the Commission to engage in consultations with the European social partners without further delay. The proposal allows for transferees to work for a considerable time (up to 3 yrs) with different terms of employment and remuneration than those applicable to the host country workers. The period of three years is much longer than currently allowed in many Member States. The conditions of employment including remuneration would not be governed by host country laws and collective agreements applicable to host country workers but instead of those applicable to posted works.

EUROCADRES demands a detailed discussion in why this approach should be chosen and what would be the consequences for the labour markets and for the position of professional and managerial staff in the EU and Member States. According to the proposal, the added-value for Member States is to make the movement of intra-corporate transfers easier from one Member State to another. The added value must be specified.

Third-country nationals who have been granted an intra-corporate transferee permit in a first Member State shall be allowed to work in any other entity established in another Member State of the duration of this transfer does not exceed twelve months. It is not specified which terms of employment would apply in these cases. Would the proposal allow companies to shop for the cheapest option in terms of remuneration and other terms of employment?

EUROCADRES is of the opinion that same terms of employment and remuneration must apply than in the host country.”

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