European Labour Authority may get more clout in cross-border inspections

On 30 October 2026 the Dutch government sent its assessment (fiche) to the House of Representatives of the European Commission's proposal to strengthen the mandate of the European Labour Authority (ELA). The Commission presented the proposal on 15 September as part of the Fair Labour Mobility Package. The Council and the European Parliament still have to decide on it.

What does the proposal entail?

Tackling labour and social security abuses involving third-country nationals, including posted third-country nationals, falls expressly within the ELA's mandate. The ELA gets access to more information sources and may process personal data for risk analyses. It can also proactively initiate concerted and joint inspections; Member States are expected to take part unless they give substantiated reasons.

The Dutch government's position

The government welcomes the proposal, supports the extension to third-country nationals and favours this 'comply or explain' principle. It does raise questions about access to EESSI and ERRU and about the powers of foreign inspectors.

Practical tips

• Do you work with posted workers or third-country nationals? Make sure your records are in order and quickly available.

• Be prepared for inspections in which several Member States cooperate.

• Follow the decision-making in the Council and the European Parliament.

Read the original: Fiche on the revision of the ELA Regulation, House of Representatives, 30 October 2026

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This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.