Posting of workers: MEPs to start negotiations with Member States

Yesterday, after long and difficult negotiations between political groups in the European Parliament, the Committee on Employment and Social Affairs voted on the Enforcement Directive on the posting of workers. MEPs backed provisions that will help labour inspectorates assess the legality of posting without changing the definition of a posted worker.

However, at the same time, provisions giving Member States complete freedom in applying control measures on companies posting workers were adopted by a majority. So was the mechanism of joint and several liability, which is too far-reaching and says that not only the subcontractor but also the company behind it can be held liable for any due entitlements or social security contributions.

Members confirmed that posting will be carried out according to the current legal basis. EPP Group Members managed to reject many dangerous amendments, including the limitation of posting to 6 months, the requirement to have a minimum of 50% turnover in the country of origin of the service provider and the requirement for employment of a worker prior to posting.

Danuta Jazłowiecka MEP, Rapporteur on the Enforcement Directive on the posting of workers, said: “I am afraid that, with the adopted wording of Article 9, Member States will still be able to introduce protectionist control measures without limitation, which in turn may lead to a reduction in posting. In addition, the obligation to introduce joint and several liability in all sectors and in the whole subcontracting chain creates a situation of discrimination towards companies posting workers and towards local workers”.

Csaba Őry MEP, EPP Group Coordinator in the Employment and Social Affairs Committee, added: “The EPP Group generally welcomes the results of today's vote. It is of the utmost importance that the possibility of posting workers remains a reality in the Single Market even though in several Member States there are intentions to have limitations on it. Today, the Committee on Employment and Social Affairs decided that the implementation of the rules on posting needs to be improved. This is inevitable in order to improve the functioning of the Single Market and to enhance mobility, to maintain the current level of jobs or even create more jobs at national and EU level”.

The Employment and Social Affairs Committee decided to grant the Rapporteur the mandate for negotiations with the Council.

Danuta Jazłowiecka MEP concluded: “During the negotiations, I will do my best to reach an agreement which will, on the one hand, guarantee workers’ rights and, on the other, enable companies to make the best use of the Single Market”.

Every year, around one million workers in the EU are posted to work in another Member State. The countries that post the most workers are Poland, France, Germany, Luxembourg, Belgium and Portugal. The major receiving countries are Germany, France, Belgium, the Netherlands, Spain and Italy.