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Economic and Social Policies, PUBLICATIONS

Posting of Workers Directive [EU Legislation in Progress]

Written by Monika Kiss (3rd 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 is needed, 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 report seeks to strike a balance between a level playing field in the provision of services and sound social protection of workers.

Interactive PDF

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, The Netherlands).

Anthea McIntyre (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:

Trilogue negotiations

Stage: Trilogue


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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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