HOW TO MAKE FORMAL WORK ATTRACTIVE?
José Ignacio MARTÍN FERNÁNDEZLabour and Social Security Inspectorate of Spain
International Relations Unit
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CHALLENGE
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TRANSNATIONAL ASPECTS OF INFORMAL WORK
ENFORCEMENT IN A GLOBALISED LABOUR MARKET
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TRANSNATIONAL ASPECTS OF INFORMAL WORK
ENFORCEMENT IN A GLOBALISED LABOUR MARKET
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THB
TRANSNATIONAL ASPECTS OF INFORMAL WORK
LABOUR INSPECTORATES: KEY CHALLENGES
DETERMINING APPLICABLE REGULATIONS
EU Single Market
Supranational
National
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TRANSNATIONAL ASPECTS OF INFORMAL WORK
LABOUR INSPECTORATES: KEY CHALLENGES
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Directive 96/71, POSTING OF WORKERS
“LEX LOCI LABORIS”
SOCIAL DUMPING
TRANSNATIONAL ASPECTS OF INFORMAL WORK
LABOUR INSPECTORATES: KEY CHALLENGES
LANGUAGE BARRIER
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TRANSNATIONAL ASPECTS OF INFORMAL WORK
LABOUR INSPECTORATES: KEY CHALLENGES
PROFESSIONAL NETWORKS COMMON
FORMS (A1 FORM)NEW TECH
TOOLS
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TRANSNATIONAL ASPECTS OF INFORMAL WORK
LABOUR INSPECTORATES: KEY CHALLENGES
ENHANCING COOPERATION
“The only thing that will redeem mankind is cooperation”
Bertrand Russell
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ONE ENFORCING
BODY
SEVERAL ENFORCING
BODIES
TRANSNATIONAL ASPECTS OF INFORMAL WORKENFORCEMENT COMPETENCES: SYSTEMS
LABOUR
RELATIONS
OSH
FOREIGNERS
SOCIAL
SECURITY
“SPECIALIZED” “HOLISTIC”
BOTH SYSTEMS WORK WELL, THEY JUST FUNCTION DIFFERENTLY10
TRANSNATIONAL ASPECTS OF INFORMAL WORKLABOUR AND SOCIAL SECURITY INSPECTORATE OF SPAIN
ONE ENFORCEMENT ADMINISTRATION BODY-Collective and individual labour relations- OSH- Social Security-Work of foreigners-Employment- Equality (GPG, age, origin,…)
Monitor and enforcement capacities Improvement notices Infringement records – proposal of sanctions Social Security debts Work stopage Reports to the Attorney General and other judicial bodies …
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TRANSNATIONAL ASPECTS OF INFORMAL WORKLABOUR AND SOCIAL SECURITY INSPECTORATE OF SPAIN
Custom web-based application
24/7/365 remote access
Knowlegde forum
Databases: Social Security, etc.
Updates and notifications
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TRANSNATIONAL ASPECTS OF INFORMAL WORKNATIONAL STRATEGY AGAINST UNDECLARED WORK
European Commission “Tax Report in EU Member States 2013: Tax policy challenges for economic growth and fiscal sustainability”
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TRANSNATIONAL ASPECTS OF INFORMAL WORKNATIONAL STRATEGY AGAINST UNDECLARED WORK
2012-2013 PLAN AGAINST FRAUD
Legal amendments
Collaboration and social awareness
Institutional collaboration measures
Organizational measures
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TRANSNATIONAL ASPECTS OF INFORMAL WORKNATIONAL STRATEGY AGAINST UNDECLARED WORK
2012-2013 PLAN AGAINST FRAUD: SOME RESULTS
Mailbox against fraud (August 2013)
Workers brought into formal economy
1.592
Social Security contributions
recovered
1.4 mill. €
Fines to infringing
companies
4.4 mill. €
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TRANSNATIONAL ASPECTS OF INFORMAL WORKNATIONAL STRATEGY AGAINST UNDECLARED WORK
2012-2013 PLAN AGAINST FRAUD: SOME RESULTS
Collaboration and social awarenessYouTube: https://www.youtube.com/watch?v=2udj2LeZvSc
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TRANSNATIONAL ASPECTS OF INFORMAL WORKNATIONAL STRATEGY AGAINST UNDECLARED WORK
2012-2013 PLAN AGAINST FRAUD: SOME RESULTS
PEOPLE DETECTED IN INFORMAL ECONOMY AND BROUGHT INTO FORMAL ECONOMY
PERIOD 2010-2011 2012-2013
Number of inspections 453.398 438.839
Number of affected workers 143.580 157.159
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TRANSNATIONAL ASPECTS OF INFORMAL WORKNATIONAL STRATEGY AGAINST UNDECLARED WORK
2012-2013 PLAN AGAINST FRAUD: SOME RESULTSSANCTIONS TO COMPANIES COMMITING FRAUD TO OBTAIN UNRIGHTFULLY SOCIAL SECURITY
BENEFITS SUCH AS UNEMPLOYMENT BENEFITS
PERIOD 2010-2011 2012-2013
Number of inspections 37.374 41.720
Number of detected infringements 9.940 15.014
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TRANSNATIONAL ASPECTS OF INFORMAL WORK
EUROPEAN TRANSNATIONAL INITIATIVES
(18 June 2016) Directive 2014/67 -> Directive 96/71
Eurodetachèment 3
SLIC Working Group – Cross-Border Enforcement
Future European Platform against UW
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TRANSNATIONAL ASPECTS OF INFORMAL WORKTHE IMPORTANCE OF TRANSNATIONAL COOPERATION
Bilateral and Multilateral Agreements:Gathering an understanding between systems with different internal
organization
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TRANSNATIONAL ASPECTS OF INFORMAL WORKTHE IMPORTANCE OF TRANSNATIONAL COOPERATION
PROFESSIONAL EUROPEAN NETWORKS: IMI (Regulation 1024/2012)
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TRANSNATIONAL ASPECTS OF INFORMAL WORKTHE IMPORTANCE OF TRANSNATIONAL COOPERATION
PROFESSIONAL EUROPEAN NETWORKS: IMI
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PILOT EXPERIENCE JUNE 2011
TRANSNATIONAL ASPECTS OF INFORMAL WORKTHE IMPORTANCE OF TRANSNATIONAL COOPERATION
PROFESSIONAL EUROPEAN NETWORKS: KSS
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TRANSNATIONAL ASPECTS OF INFORMAL WORKSUMMARY OF IDEAS
• Globalization of the labour market (formal and informal)
• Undeniable transnational implications.
• Present a common front from all the institutions involved.
•Cooperation, national and international level.
•A clear regulation, commitment based in agreements, and seizing the IT
advantages
• Mind shift among the citizens: raise awareness and sensitize
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IMAGES USED IN THIS PRESENTATION
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