CAP’s social conditionality clause could be a game changer for agricultural workers

Enshrining respect for workers’ rights in the Common Agricultural Policy was a crucial victory, but now the social conditionality clause must be implemented in an effective manner
Team of young migrant farm workers on a commercial agricultural farm in the Netherlands | Photo: Alamy

By Enrico Somaglia & Kristjan Bragason

Kristjan Bragason is the General Secretary of the European Federation of Food, Agriculture, and Tourism Trade Unions (EFFAT) & Enrico Somaglia is the Deputy General Secretary of the European Federation of Food, Agriculture, and Tourism Trade Unions (EFFAT)

14 Feb 2023

@EFFAT_GS & @E_Somaglia

At least 10 million people are employed in European agriculture, mainly as seasonal workers, day labourers or through other precarious work arrangements. 

Despite being defined as essential by the European Union institutions and national governments when Covid-19 hit, the lived experiences of many of these workers remain challenging.  

Poor wages, long working hours, a high proportion of undeclared work and sub-standard housing are only some of the daily hardships faced by a relevant proportion of farm workers in Europe. In some countries, workers even fall prey to widespread exploitation, including gangmaster practices and other forms of modern slavery. 

In June 2021, the EU institutions took a first step towards addressing this dire reality by agreeing to introduce the concept of social conditionality into the Common Agricultural Policy (CAP) reform. Social conditionality requires Member States to impose administrative sanctions, by means of the reduction or the total exclusion of CAP payments, against those agricultural employers not complying with a given set of EU labour standards. 

Not only is social conditionality ethically important, but it can also be extremely effective in raising labour standards, as it targets resources that are essential for many agricultural employers.   

Ensuring that respect for workers’ rights was enshrined in the CAP was a crucial victory for farm workers and responsible agricultural employers. This result was only possible thanks to the support of the European Parliament and the strong mobilisation of the European Federation of Food, Agriculture, and Tourism Trade Unions (EFFAT), its affiliates and its allies. 

But it is now equally crucial that social conditionality is implemented in an effective manner and accompanied by dissuasive and proportionate sanctions, as required by the new legislative text.  

It is also key to increase the frequency and effectiveness of labour inspections. While the social conditionality mechanism relies on existing checks of working conditions, labour inspectorates in most Member States are lacking both staff and resources. In some countries, labour inspections cover even less than one per cent of the total amount of CAP beneficiaries. Member States must act to urgently revert this trend and increase the power of controlling bodies.  

Dissuasive sanctions and more effective inspections are two essential factors to ensure social conditionality becomes a real game changer in the fight for better working conditions in the primary sector. Under this light, EFFAT has recently adopted a position on sanctions in line with the new CAP rules. It calls on the Commission to engage with social partners and Member States to develop a coordinated sanctioning system across the bloc.

Dissuasive sanctions and more effective inspections are two essential factors to ensure social conditionality becomes a real game changer in the fight for better working conditions in the primary sector  

Moreover, EFFAT reiterates its demand to the European Commission to propose an EU directive setting minimum standards on labour inspections and complaint mechanisms. Building on the International Labour Organisation (ILO) Conventions No 81 and No 129, this directive should oblige Member States to secure more staff, power and resources for national bodies responsible for controls on working conditions and should also ensure more frequent inspections. 

Social conditionality has enormous potential if well implemented. However, more is needed to address the systemic issues affecting the most vulnerable actors across the food chain, including a serious fight against food speculation, countering the concentration of power as well as the implementation of responsible trade agreements to hinder unfair competition from third countries.  

These changes would help build a new vision for the sector. A vision that upholds the respect for workers’ dignity.