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Brussels, 15 April 2014
Commissioner Malmström welcomes the European Parliament vote on intra-corporate temporary transferees
"I am very pleased with today's adoption of clear EU-wide rules allowing for multinational companies to temporarily send specialised key non-EU staff to their subsidiaries within the different EU Member States.
Despite the crisis and the high unemployment, many highly qualified jobs currently remain unfilled in the EU due to the lack of adequate competences and skills. Europe needs to attract more highly skilled workers from outside the EU to match the needs of EU businesses and who can bring jobs and investments to our continent.
This is why I welcome the adoption of the legislative proposal I presented in 2010 to introduce simple and smart legislation to bring the best talents to Europe. Companies that try to bring highly qualified experts here from abroad are currently facing 28 different kinds of rules and red tape. The legislation passed by the Parliament today will be a welcome boost to our economy and to Europe's competitiveness on the global stage. As we are bringing Europe's economy back from the economic crisis, we need the right tools to turn the ship around.
The new legislation establishes a common set of rules for a new fast-track entry procedure for non-EU transferees and an easier system to facilitate their mobility within the EU. It also provides for a clear legal status for transferees, imposing salaries on par with nationals of the host Member States throughout the transfer, and ensuring that adequate standards of protection and working conditions are applied across the board", said Cecilia Malmström, EU Commissioner for Home Affairs.
In 2010 the Commission proposed a new Directive aiming to facilitate for multinational companies the temporary transfer of key third-country national personnel located outside the EU to branches or subsidiaries in EU Member States. These transferees constitute a small but highly valuable and well-paid group of employees for whom international assignments are part and parcel of their work. The number of ICTs expected to be admitted to the EU under the scheme is between 15000 and 20000 annually.
The provisions on intra-EU mobility are the main added value of the proposal, as several Member States already admit transferees under national legislation or as part of free trade agreements. However, these national schemes do not allow ICTs to work in another Member State. The agreed text will allow the transferees to enter, stay and work in Member States other than the one to which they were initially admitted, subject to a number of safeguards, with limited or no interruption to their assignments.
The agreement significantly improves the treatment of family members of transferees, thereby removing one of the main obstacles to successful international assignments and a great step forward from the ICT's personal point of view.
The Directive ensures that undertakings established in a third country will not be able to benefit from lower labour standards to take any competitive advantage. Intra-corporate transferees cannot be employed under conditions which are less favourable than those applicable to EU posted workers. Additionally, the agreement demands that the transferee is paid at least the same as a national of the Member State where the work is carried out occupying a comparable position, and that this remains the case throughout the transfer. Intra-corporate transferees will also enjoy equal treatment with nationals as regards a number of protective rights and social security provisions.