London, UK -- (ReleaseWire) -- 06/29/2017 --The European Union's 2020 strategic plan will likely impact tour agencies that still are not complying with EU employment regulations. Part of the strategic plan is to increase employment in the EU of those aged 20 to 64. The EU aims to reduce the unemployment rate for the target age group mainly through job creation and educational attainment.
While most of the tour operators abide by the rules when it comes to making sure that their tour managers are authorised to work in the European Union, there is one United States tour operator, Tauck, which continues to flout the rules.
Past evidence suggests that unless somebody is fined, arrested, sued or penalised, then Tauck's current policy of sending unauthorised workers as tour leaders to the European Union will continue unabated. To give examples, here are two precedents that changed the behaviour of Tauck in the past:
1) Labour violations of its employees in a legal case where Tauck settled out of court. The particular case involved a time in the 1990s where the company employees spent their own money to buy laptops for company use. In addition, some employees brought forward issues regarding work hours and lack of overtime pay. The details on the Tauck out-of-court settlement with its employees can be seen here in this court document online. After the settlement, tour leaders for Tauck in the US began to receive overtime pay and eventually Tauck began to provide laptops to their tour managers for company use.
2) About a decade ago, immigration authorities in various European cities caught North American citizens leaving the Schengen Zone after having spent more than their allowed three months of time in the area. They had overstayed their allotted time while working for Tauck in Europe. Some of them were disallowed from returning to the Schengen countries for two years. It was only after these incidents that Tauck changed its policy to ensure that its employees were not over-staying their time in the Schengen zone. Nonetheless, Tauck continues to send unauthorised workers to the Schengen area and to the European Union.
This European Union webpage clearly states that non EU / EEA citizens without family ties or work visas are not allowed to work in the EU / EEA.
One tour leader from Tauck who is a citizen of the EU, spoke on condition of anonymity, "I can't go work for Tauck in the States, and it is likewise illegal for my colleagues from the US to come to Europe and work without a work visa." He added that the only time unauthorised tour leaders can work in Europe is when they fly in and out with the group.
Another tour manager said that because of Tauck's scheduling of unauthorised workers in the EU, there are missed work opportunities for EU citizens. She said, "there is a higher unemployment rate in the EU, which needs to focus on making sure its citizens have the opportunities to the work. Tauck needs to employ people here locally so we can pay our taxes here in Europe help contribute to the local economies."
In addition, she added, that the since the working rules are different in each country in Europe and that because Tauck is based in the USA, it is easier for Tauck to violate labour laws of each of the countries with regard to time off and overtime pay. She suggests that tour operators that receive a large amount of their income from the European Union should be required to establish a base in the EU in order to be better monitored for labour violations to ensure the rights of the tour leaders. Unlike Canada and US-based tour managers, Tauck considers its tour managers in Europe to be independent contractors, because it has no human resources or operational offices in Europe, despite having most of its tour managers working in Europe.
Because most tour leaders, including Tauck employees and independent contractors are not a part of a union, organisations such as the European Federation of Food, Agriculture and Tourism Trade Unions (EFFAT) cannot easily help. Among EFFAT's goals, are those to ensure that those who work as tour leaders are not being overworked and that there are opportunities to rest in between tours, as many tour companies expect their tour leaders to work for one, two, three or even four months in a row without a proper break. The European Union considers it a form of 'social dumping' when the maximum work periods and minimum rest periods are not upheld.
In an anonymous discussion with a representative from the European Tourism Association (ETOA), it was also brought to light that the ETOA has already advised its member Tauck to stop sending unauthorised workers to Europe.
When asking the European Commission what they can do to stop Tauck from sending unauthorised workers to Europe before the 2020 strategic plan is complete, they said that "Unfortunately the Commission cannot investigate if the labour law is broken in specific Member States." So if anybody wishes to report a labour violation, then the European Commission advises one "to contact the employment authorities or inspectorates in each individual country."
So what are some of the next steps if professionals in the tourism industry and concerned taxpayers in the EU wish to bring Tauck to compliance with EU laws before the EU's strategic plan is fully in place?
Here is a list of five ideas to pressure Tauck into compliance with EU labour regulations:
1. Report known violations to the local police authorities in the countries where the violations are taking place.
2. Contact Jay Munro-Michell jmunro-michell@etoa.org of the ETOA to request that the organisation, which issues European 'tour guide ID' cards to members, freeze Tauck's membership until Tauck complies with the regulations.
3. Contact Maddalena Colombi m.colombi@effat.org of EFFAT to discuss how to engage in collective bargaining to prevent your employer in the tourism industry from violating your labour rights and from breaking the law, and to have your cause included on its webpage.
4. Contact the local press where Tauck is based in Connecticut, to ask them to cover the story and to seek an official statement on why Tauck has been violating the labour laws and to ask when Tauck is going to start complying with EU laws. Two newspapers in Tauck's area are: 1) The Hour, in Norwalk, CT: Managing Editor Thane Grauel thane.Grauel@bcnnew.com 203-354-1050 2) The Wilton Bulletin, in Wilton, CT: Editor Jeannette Ross 203-442-4104.
5. Contact the European Commission's spokesperson on employment, social affairs, justice, rule of law and EU Charter of Fundamental Rights, Christian Wigand, christian.wigand@ec.europa.eu phone +32-2-296-22-53, mobile +32-460-76-47-00 to discuss how the European Commission can pressure Tauck to comply with EU labour laws.
For updates from Tauck, contact Tauck's Corporate Communications Manager, Tom Armstrong at TArmstrong@tauck.com.