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Economic and Social Policies, PUBLICATIONS

Posting of Workers Directive [EU Legislation in Progress]

Written by Monika Kiss (1st 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. While the majority of stakeholders welcome the proposal, the Member States are divided: a considerable number wish first to fully implement the 2014 Enforcement Directive before proceeding to a further revision. Moreover, sufficient numbers of national parliaments have delivered reasoned opinions on the proposal to require the Commission to reconsider.


Proposal for a Directive of the European Parliament and of the Council amending Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services
Committee responsible:



Shadow rapporteurs:

Employment and Social Affairs (EMPL)

Elisabeth Morin-Chartier (EPP, France), Agnes Jongerius (S&D, Netherlands)

Laura Agea (EFDD, Italy), Dominique Martin (ENF, France)

COM(2016) 128 of 8.3.2016


Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)

Next steps expected:

Discussions in EMPL Committee,

Commission response to ‘yellow card’

Stage: National parliament


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The content of all documents (and articles) contained in this blog is the sole responsibility of the author and any opinions expressed therein do not necessarily represent the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European Parliament is given prior notice and sent a copy. Copyright © European Union, 2014. All rights reserved

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