European Platform to enhance cooperation in tackling undeclared work

PURPOSE: to establish a Platform to enhance EU cooperation in the prevention of undeclared work.

LEGISLATIVE ACT: Decision (EU) 2016/344 of the European Parliament and of the Council on establishing a European Platform to enhance cooperation in tackling undeclared work.

CONTENT: the Decision establishes a Platform, at Union level, to enhance cooperation between Member States in tackling undeclared work. For the purpose of this Decision, ‘tackling’, in relation to undeclared work, means preventing, deterring and combating undeclared work as well as promoting the declaration of undeclared work. Member States remain competent to decide on their level of involvement in the activities approved at plenary level by the Platform.

The European Parliament in its resolution of 14 January 2014 welcomed the Commission's initiative to create a European platform and called for enhanced cooperation at Union level to tackle undeclared work, which, according to the resolution, is damaging the Union's economy, leading to unfair competition, endangering the financial sustainability of the Union social models and resulting in an increasing lack of social and employment protection for workers.

Composition of the Platform: the Platform shall be composed of:

• a senior representative appointed by each Member State to represent that Member State;
• a representative of the Commission;
• a maximum of four representatives of cross-industry social partners at Union level, appointed by those social partners, equally representing both sides of industry.

The Platform should involve the social partners at Union level, both cross-industry and in those sectors that are most severely affected by, or have a particular role in the tackling of, undeclared work, and should cooperate with relevant international organisations, such as the ILO, the Organisation for Economic Cooperation and Development and Union agencies, in particular Eurofound and the European Agency for Safety and Health at Work (EU-OSHA).

Objectives, mission and activities: the defining purpose of the Platform shall be to provide input with added value at Union level in order to contribute to tackling the complex problem of undeclared work, while fully respecting national competences and procedures. The Platform shall contribute to this objective by:

• enhancing cooperation between Member States' relevant authorities and other actors involved in order to tackle more efficiently and effectively undeclared work in its various forms and falsely declared work associated with it, including bogus self-employment;
• improving the capacity of Member States' different relevant authorities and actors to tackle undeclared work with regard to its cross-border aspects, and in this way contributing to a level playing field;
• increasing public awareness of issues relating to undeclared work and of the urgent need for appropriate action as well as encouraging Member States to step up their efforts to tackle undeclared work.

To achieve the objectives, the Platform at Union level shall encourage cooperation between Member States through:

• exchanging best practices and information;
• developing expertise and analysis;
• encouraging and facilitating innovative approaches to effective and efficient cross-border cooperation and evaluating experiences;
• contributing to a horizontal understanding of matters relating to undeclared work.

The actions of the Platform could take the form of a framework for joint training, peer reviews, the establishment of tools such as an interactive knowledge bank, guidelines for enforcement, handbooks of good practices, examining the feasibility of a system of rapid information exchange and improving data sharing in compliance with the Union data protection rules. European campaigns or common strategies could increase the awareness of undeclared work, building on policies and strategies to raise awareness of undeclared work which already exist to varying degrees in the Member States.

Financial support: the Platform and its activities should be funded through the PROGRESS axis of the European Union Programme for Employment and Social Innovation (EaSI) within the appropriations set by the European Parliament and the Council.

Review: by 13 March 2020, the Commission shall, after consulting the Platform, submit a report on the application and the added value of this Decision, and shall propose, where appropriate, necessary amendments.

ENTRY INTO FORCE: 12.3.2016.