POSTED WORKERS (FEATURE) : THE PROBLEM OF CHECKING THE DAILY GRIND.

The work inspection services are experiencing significant difficulties in correctly controlling specific issues relating to the situation of foreign companies. Michel Aseglio, head of the Directorate-General for monitoring compliance with social legislation in Belgium spoke to the European Parliament's Committee on Employment and Social Affairs last month.

The absence of a legal representative (in the country) is the first major obstacle, and by the same token, the lack of documentationaavailable for an inspection.

It is very often the case that the workers have no idea who they are working for, and in such cases it is difficult, if not downright impossible, to identify the real employer.

It is also hard to check the contents of social security papers and equivalent documents owing to language difficulties, not to mention the problem of forged papers, like false E101 documents, false identity cards and pay slips. While the inspection services are obliged to accept all E101 certificates submitted to them, in reality it is impossible for them to contest the fact that the worker has been seconded elsewhere and demand the application of social security rules in the host country. The problem is not new but it is beginning to take on a new meaning.

It is difficult to ascertain whether the correct wage has been paid and compulsory premiums paid, both on the spot and in the country of origin. There is still no standardised pay slip that would enablea a series of common headings to be presented. So, it is hard to check whether the maximum working time and rest hours have actually been respected.

To take one example: a Polish company contracts workers out to Antwerp; they work four 50-hour weeks even though the average maximum working week in Belgium is 38 hours. How can one make sure that the time off as compensation is actually taken and the real number of hours worked is declared to the...