Posting of Workers Directive [EU Legislation in Progress]

Written by Monika Kiss (2nd edition),

A woman and a man

© Alexander Raths / Fotolia

Posting of workers plays an important role in the internal market, particularly in the cross-border provision of services. While the number of posted workers continues to increase significantly, problems such as unfair practices and unequal remunerations persist. In addition, the correct balance between the freedom to provide cross-border services and the social rights of workers needs to be adapted to today`s situation.

The targeted revision of the Posting of Workers Directive (96/71/EC) proposed by the Commission would bring changes in three main areas: the remuneration of posted workers (making it equal to that of local workers, even when subcontracting), more coherent rules on temporary agency workers, as well as long-term posting. Despite the ‘yellow card’ procedure triggered by 11 Member States because of subsidiarity concerns, the European Commission stands by its initial proposal. Stakeholders and advisory committees have emphasised sector-specific differences to posting, the danger of ‘cascade subcontracting’ practices, as well as the importance of collective agreements. The EMPL Committee’s draft report seeks to strike a balance between a level playing field in the provision of services and sound social protection of workers.



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