Posting of workers

With more workers providing services in another Member State than their own, the European Commission is looking at the rules for these temporarily posted workers to ensure fair competition and proper protection.

How did we get here?

Since 2010 there was a 40% rise in posted workers providing services (e.g. in construction) in another Member State than their own on a temporary basis. These 1.9 million workers make up about 0.7% of the EU labor force. Therefore, the Commission suggested to re-check the rules that apply to these workers to make sure there is fair competition and the same rules for everyone (e.g. similar wage levels for posted and local workers). So far posted workers are covered by social security rules of the country they come from. So employers can hire workers from countries with a lower wage than in their own.

 

Why is this important for me?

Because the EU is taking care of worker's rights and how is that not important?

 

What's the content?

In short: the same pay for the same job at the same place. Equal pay and working conditions between local and posted workers are very close to the Commission's heart in a European Single Market where it is essential to provide services cross-border.

There are three new points in the revision to the "Posted Workers Directive" as proposed by EU Emploment Commissioner Marianne Thyssen:

  1. If a posting exceeds two years: The rules of the host country (where the worker is posted) shall apply unless worker and employer made a different agreement with better conditions. The Council wants to reduce this timeframe to 12 months that can be extended to 6 months (so 18 months max!.
  2. At least same wage level as paid in the host country (to avoid social dumping): So workers coming from a country with a lower minimum wage would have to be payed the same (higher) wage as their local colleagues. All rules on remuneration which apply to local workers will also have to apply to posted workers. That does not only include the minimum wage, but also other elements such as bonuses.
  3. Same rules for temporany agency workers apply to cross-border agencies as well as national agencies.

So far, the transport sector will be excluded from these new rules. The Platform against undeclared work will be used to fight fraud and abuses and to improve the exchange of information and administrative cooperation between member states.

 

What's happening with this legislation in the future?

The new rules were suggested by the Commission in March 2016 and now Parliament and Council are discussing them. Within the EP the proposal is dealt with in the Employment and Social Affairs Committee (see draft position). The Council already agreed on a common position and is now waiting for the Parliament to start negotiations. As soon as the institutions come to an agreement there will be a three year transposition period plus one more year before the application of the directive.

Initially, some national parliaments wanted to fight this proposal through the so-called "yellow card procedure" (find out what exactly this is). If they think a matter is better handled at the national level they can delay the adoption of new rules. The Commission considered their concerns but decided in the end to keep the proposal as it is. 14 mostly Eastern European countries issued a "reasoned opinion" on (or rather against) this proposal.

 

Related Bills:

A European Platform to fight undeclared work

Public list of company owners to fight money laundering

New visa rules for EU travellers

politixNew visa rules for EU travellersReduced share of biofuels in energy mixFruit, vegetables and milk for European StudentsBan on all kind of driftnet fisheriesToo big to fail: Structural Reform of EU Banking SectorA European Platform to fight undeclared workA pan-European Pension System Fighting the trafficking of firearmsA New Waste Management System in the EUFinancial Transaction Tax: Making banks pay for the crisisLess Plastic Bags for EuropeEliminating roaming, securing net neutralityRight2Water: Water and sanitation as human rightEnforceable Flight Rights for Air PassengersPublic list of company owners to fight money launderingMore Possibilities for the Restriction of GMOsEuropean Solidarity CorpsTightened rules for safer and cleaner carsSafer Ship TravelsProtecting fish and marine ecosystemsUpdated European data protection laws Resettlement of Migrants in the EUSafety standards for new kinds of CablewaysCheaper cross-border Parcel DeliveryCross-border enforcement for speeding & traffic offencesEU-wide Minimum Standards for FrackingEuropean statistics relating to persons and householdsUpdated Rules for Audiovisual MediaNew Food Labeling RulesAccess to a Basic Bank Account for EveryoneA New Copyright Regime for EuropePollen as specific 'Ingredient' or Natural Honey Component?Circular Economy: Reducing waste in EuropeRules for cross-border divorcesBetter Management of Asylum FlowsAn Entry-Exit System for External European BordersResolution on Sexual and Reproductive HealthStronger Rules against Terrorism Financing and Money LaunderingCloning of animals New Rules for Tobacco Products and PackagingOrganic production and labelling of organic productsSimpler Rules for VAT in EcommerceLess Greenhouse Gas Emissions for the EUUpdated rules on 'novel foods'Free Wi-Fi for EverybodyEnsure safe and secure air travelBetter Checks of EU Citizens at External BordersUse of Flight Passenger Data Better Connectivity and super-fast InternetReduced Flush Volume for ToiletsNew rules on privacy in electronic communicationMinimum standards for children accused in courtMore Security in EU Partner CountriesBetter Cooperation among Consumer Protection AuthoritiesEuropass - Better online tools for your job huntStricter Rules for the Export of potentially Dangerous GoodsBetter Protection from Cancer at WorkStrategy Against Discrimination of LGBTI Persons Better protection for children of international couplesCreation of a European Union Agency for AsylumNew consumer rules when (online) shoppingProviding Services more easily across bordersA new electoral law for the European ParliamentBetter access to books for the blindBetter EU access for highly skilled workersCross-border portability: Access to streaming services from abroadMaking products & services more accessible for disabled peopleReducing pollutant emissions from carsConsumer rights for downloads and streaming services Improving the exchange of information on criminalsGeoblocking: Less consumer discrimination onlineBetter energy labels on electronic productsUpdated energy efficiency rulesA European ESTABetter protection for your moneyEuropean Year of Cultural Heritage 2018Creating a European Border and Coast GuardWork-Life Balance for allMore renewable energyEmpowering electricity consumersReducing administrative burden for EU citizens