Labour Law and Employment

The European Union’s employment policy focuses on the promotion of fair working conditions across Europe and the approximation of labour laws across Member States. This ensures a balanced and inclusive labour market. Central to this is the harmonisation of labour standards on issues such as working time, employment protection, working conditions, occupational safety and health, measures against unfair dismissal and the promotion of equal treatment in employment. The EU also supports social dialogue, ensuring that both employers and employees are involved in shaping employment policies to create a fair and competitive labour market.

Milieu is providing legal and policy advice in the field of labour law and employment protection to several Directorate-Generals of the European Commission, the European Labour Authority (ELA), the European Parliament and the Fundamental Rights Agency (FRA) in order to evaluate and improve legal frameworks, public policies and institutional set-ups.

Some examples of Milieu’s work in this area are:

Labour conditions for agricultural workers in the EU are often poorly documented. With the introduction of the new Common Agricultural Policy (CAP) and the planned implementation of social conditionality in 2025, it became essential to develop a clearer understanding of how labour and OSH rules were being enforced and how agricultural workers’ conditions could be improved.

Milieu, with the support of Stichting Wageningen Research, CREDA, CRP, and FNEA, is leading this study for DG AGRI to provide a comprehensive analysis of the current working conditions of agricultural workers, focusing on the effectiveness of enforcement systems for Directive (EU) 2019/1152 (transparent and predictable working conditions), the OSH Framework Directive 89/391/EEC, and Directive 2009/104/EC (work equipment). The study explores the feasibility of extending the mechanism to include Article 7(1) of Regulation 492/2011 on the free movement of workers and examines options for broadening the scope of social conditionality. It also addresses practical implementation challenges within the CAP framework.

Directive (EU) 2019/1152 aims to improve the transparency and predictability of working conditions across the EU.

Milieu is assisting the European Commission’s Directorate-General for Employment, Social Affairs and Inclusion (DG EMPL) by assessing how all 27 EU Member States have transposed the Directive into national law, analysing the completeness, accuracy, and conformity of the measures adopted. This assessment supports the European Commission in ensuring proper enforcement of EU labour standards.

The Hotel, Restaurant and Catering sector (HORECA) plays a vital role in the EU economy, characterised by a highly mobile workforce and specific challenges related to labour law compliance. Milieu supported ELA in preparing a comprehensive report on labour law violations and social security coordination in the HORECA sector.

The report provided a comprehensive overview of the HORECA sector, including its unique characteristics, labour market mobility, and its role within the EU economy. Milieu also examined the relevant legal framework at the national, EU, and international levels, focusing on the enforcement challenges related to labour mobility and social security coordination. Key areas of analysis included the role of social partners, the enforcement tools and competencies of Member State authorities, and the information needs of both workers and employers in the sector.

Milieu, together with its network of national experts, delivered detailed national reports for all 27 Member States, providing insights into each country’s specific challenges. Milieu also produced a Directory of Competent Authorities based on its findings, enhancing ELA’s understanding of regulatory bodies across the EU.

The final report, which will inform future ELA campaigns and support the EURES European Coordination Office in planning information activities for the HORECA sector, is available here.