Written by Monika Kiss (6th edition),
Updated on 25.7.2018
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 remuneration persist. In addition, the correct balance between the freedom to provide cross-border services and the social rights of workers is needed, and moreover, needs to be adapted to today’s labour market situation.
The targeted revision of the Posting of Workers Directive (96/71/EC) proposed by the Commission intended to 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. The agreement reached in trilogue negotiations states that long-term posting (with labour law provisions of the host country to be applied) starts after 12 months (with a possible extension of six months). The overall amount of remuneration received by a posted worker must meet the level of remuneration in the host Member State (without the reimbursement of the worker’s expenses) which must be published on a single national website. Host Member States can accord to posted workers the coverage of representative collective agreements in all sectors, and they must protect them against fraudulent posting. The Parliament approved the text on 29 May 2018, the act was adopted by the Council on 21 June 2018 and the final act was signed on 28 June 2018. Member States have until 30 July 2020 to transpose the measures of the directive and apply them in their national law.
|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),
Anthea McIntyre (ECR, UK),
|COM(2016) 128 from 8.3.2016
Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)
Directive (EU) 2018/957
[…] mobility and tackle abuse by means of better coordination of social security systems, a targeted revision of the Posting of Workers Directive and an enhanced European Network of Employment Services (EURES). The first two are under discussion […]