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EU rules 'not protecting workers' EU rules 'not protecting workers'
(10 minutes later)
The government has signalled it might challenge European Union law to prevent British workers from being "undercut" by cheap foreign labour.The government has signalled it might challenge European Union law to prevent British workers from being "undercut" by cheap foreign labour.
Health Secretary Alan Johnson said two recent rulings by the European Court of Justice had "undermined" protections.Health Secretary Alan Johnson said two recent rulings by the European Court of Justice had "undermined" protections.
It comes in the wake of wildcat strikes over the use of foreign labour at a Lincolnshire refinery. It comes in the wake of wildcat strikes over the use of foreign labour at a Total oil refinery in Lincolnshire.
The Lib Dems warned challenging EU labour laws would be a "huge, self-defeating step too far".The Lib Dems warned challenging EU labour laws would be a "huge, self-defeating step too far".
Changing EU law would need the agreement of other member states and could take years to get through, but BBC Political Correspondent Carole Walker said the government was keen to "dampen down" the industrial unrest that had taken hold around the country. Changing EU law would need the agreement of other member states and could take years to get through.
Speaking on BBC One's Andrew Marr show, Mr Johnson, a former trade union leader, said: "If workers are being brought across here on worse terms and conditions to actually get jobs in front of British workers, on the basis of dumbing down the terms and conditions, that would be wrong and I can understand the anger about that." But BBC Political Correspondent Carole Walker said the government was keen to "dampen down" the industrial unrest that had taken hold around the country.
He said both the government and trade unions strongly backed EU laws on the free movement of labour and the unions had been the "major driving force against allowing jingoism and petty nationalism and protectionism to take route in this country".
But some of the protections in EU law may have been "undermined" by recent judgements in the European Court of Justice.
"These various judgments have distorted the original intention and we need to bring in fresh directives to make it absolutely clear that people cannot be undercut in this way," he told Andrew Marr.
Discrimination claimDiscrimination claim
Hundreds walked out last week in a series of strikes around the UK in protest at the use of Italian and Portuguese labour at the Lindsey oil refinery in Lincolnshire and there is concern industrial action could flare up again next week. Speaking on BBC One's Andrew Marr show, Mr Johnson, a former trade union leader, said: "If workers are being brought across here on worse terms and conditions to actually get jobs in front of British workers, on the basis of dumbing down the terms and conditions, that would be wrong and I can understand the anger about that."
He said both the government and trade unions strongly backed EU laws on the free movement of labour but that some of the protections in EU law may have been "undermined" by recent judgements in the European Court of Justice.
Hundreds walked out last week in a series of strikes around the UK in protest at the use of Italian and Portuguese labour at the Lindsey oil refinery in Lincolnshire.
There is concern industrial action could flare up again next week.
Mr Brown says the government will help workers facing redundancyMr Brown says the government will help workers facing redundancy
Prime Minister Gordon Brown told BBC One's Politics show he understood workers' fears over jobs, but said walkouts were "not the right thing to do".Prime Minister Gordon Brown told BBC One's Politics show he understood workers' fears over jobs, but said walkouts were "not the right thing to do".
The PM is under pressure from the trade unions to close a loophole in EU law which the unions say enables foreign companies to discriminate against British workers. Contractors at nuclear power sites in Sellafield in Cumbria and Heysham in Lancashire, will decide on Monday whether to join the unofficial walk-outs.
It follows two rulings by the European Court of Justice (ECJ) over the interpretation of the EU's Posted Workers Directive, which seeks to ensure companies cannot get round domestic labour laws and pay lower rates by using foreign employees. However, Business Secretary Lord Mandelson said he hoped the strikes would be called off after Total issued a statement maintaining that firms from the UK were not barred from bidding for subcontracts.
The ECJ rulings suggest a company should be free to decide how it is composed, its staffing in other words, and free to provide the services it wishes. The firm said it sub-contracted "on a fair and non-discriminatory basis" and that wage rates were the same as for equivalent jobs on site.
The most significant ruling concerned a Latvian company, Laval, which had a contract to build schools in Sweden. Laval sought to use its own Latvian workforce. Swedish unions protested. Laval went to the ECJ claiming its freedom as a company was being inhibited by the action of the Swedish unions. Its complaint was upheld. It would work with sub-contractors to ensure British workers were treated fairly, it added.
Lord Mandelson said: "This is an important statement which makes clear that the law is not being broken and it will not be broken."
Labour laws
Arguments over rulings by the European Court were a separate issue, he added.
The court has recently provided interpretations of the EU's Posted Workers Directive, which seeks to ensure companies cannot use foreign employees to get round domestic labour laws and pay rates.
Its rulings suggest a company should be free to decide how it is staffed and free to provide the services it wishes.
The most significant concerned a Latvian company, Laval, which had a contract to build schools in Sweden.
Laval claimed its freedom to use a Latvian workforce was being inhibited by attempts to block the move by Swedish unions. Its complaint was upheld.
Unions in the UK suggest this ruling has now enabled foreign companies to discriminate against British workers for jobs.Unions in the UK suggest this ruling has now enabled foreign companies to discriminate against British workers for jobs.
'British jobs'
Former Labour minister Frank Field, co-chairman of a cross-party group on immigration, urged Gordon Brown to push for a change in EU law to protect workers.Former Labour minister Frank Field, co-chairman of a cross-party group on immigration, urged Gordon Brown to push for a change in EU law to protect workers.
"This form of contract clearly cannot go on - where contracts are awarded and there's free movement of companies but those companies then restrict who can apply for those jobs. This form of contract clearly cannot go on Frank Field, Labour MP Brown criticises wildcat strikes"This form of contract clearly cannot go on - where contracts are awarded and there's free movement of companies but those companies then restrict who can apply for those jobs. This form of contract clearly cannot go on Frank Field, Labour MP Brown criticises wildcat strikes
"That clearly has got to change and tomorrow [Monday] I hope he'll make an announcement, saying that if that is the law, then the law in the European Union is actually going to be changed.""That clearly has got to change and tomorrow [Monday] I hope he'll make an announcement, saying that if that is the law, then the law in the European Union is actually going to be changed."
Former Work and Pension Secretary Peter Hain, who also served as Europe minister, said something had gone "badly wrong" with the UK's labour laws and said it was time to stop "gold plating" EU legislation and "stand up for the rights of British workers". Nigel Farage, leader of the UK Independence Party, which campaigns for Britain's exit from the EU, has said it was "misleading" to suggest that the conciliation service Acas could resolve the issue.
He told BBC Radio 4's The World This Weekend said the way the law had been implemented did not seem to have "adequately protected local workers" who had the necessary skills. "'British jobs for British workers' will only happen when Britain is run by and for Britons," he added.
Nigel Farage, leader of the UK Independence Party, which campaigns for Britain's exit from the EU, said it was "misleading" to suggest that the conciliation service Acas could resolve the issue, adding that "'British jobs for British workers' will only happen when Britain is run by and for Britons".
'Massive influx''Massive influx'
But the Lib Dems warned against any move by the government to exempt Britain from EU employment laws.But the Lib Dems warned against any move by the government to exempt Britain from EU employment laws.
Lib Dem leader Nick Clegg said: "The truth is that twice as many British people live and work in the EU than EU citizens work here. Any attempt to ban EU citizens from jobs in Britain would be a massive own goal.Lib Dem leader Nick Clegg said: "The truth is that twice as many British people live and work in the EU than EU citizens work here. Any attempt to ban EU citizens from jobs in Britain would be a massive own goal.
HAVE YOUR SAYIt is a shame that it has come to this, but necessary if this is the only way it will get our government to put our interests above others. Carrie100, London Send us your commentsHAVE YOUR SAYIt is a shame that it has come to this, but necessary if this is the only way it will get our government to put our interests above others. Carrie100, London Send us your comments
"The unions and the prime minister had better watch out before shooting our own jobs and own economy in the foot.
"If every EU country followed suit, we would have to cope with a massive influx of British people who work overseas."If every EU country followed suit, we would have to cope with a massive influx of British people who work overseas.
"Of course people want to do whatever they can to help the British economy, as we know from the popularity of buying local British products. "Pulling out of the labour rules in Europe would be a huge, self-defeating step too far."
"But pulling out of the labour rules in Europe would be a huge, self-defeating step too far."
The Conservatives said they understood people's fears about unemployment but said strikes were "not the way forward".The Conservatives said they understood people's fears about unemployment but said strikes were "not the way forward".
Shadow Foreign Secretary William Hague said the Conservatives "strongly supported" the free movement of Labour within the EU but said the British government was not doing enough to protect and create jobs, such as offering the Tory policy of offering tax rebates to firms who take on people who have been out of work for three months. Shadow Foreign Secretary William Hague said the Conservatives "strongly supported" the free movement of Labour within the EU.
But he said the British government was not doing enough to protect and create jobs, such as by offering tax rebates to firms who take on people who have been out of work for three months, as the Tories propose.