Written by Monika Kiss (2nd edition),
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.
|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|
|Employment and Social Affairs (EMPL)
Elisabeth Morin-Chartier (EPP, France),
Agnes Jongerius (S&D, The Netherlands).
Anthea McIntre (ECR, UK),
Martina Dlabajová (ALDE, Czech Republic),
Rina Ronja Kari (GUE/NGL, Denmark),
Terry Reintke (Greens/EFA, Germany),
Laura Agea (EFDD, Italy),
Dominique Martin (ENF, France).
|COM(2016) 128 from 8.3.2016
Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)
|Next steps expected:||Adoption of report in committee|