Posting of Workers Directive

‘EU Legislation in Progress’ briefings aim to provide Members of the European Parliament with systematic and automatic analysis on all substantial proposals for EU legislation at every stage of the legislative procedure. Each contains an account of the purpose, content and legal aspects of the legislation proposed, in particular analysing what the legislation would change, as well as any previous legislation and the background. An overview of stakeholders’ views is also provided, as well as the opinions of national parliaments and the two advisory committees.

They are all made publicly available for stakeholders and the public.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 European 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.

Author: Monika Kiss

• Primary Source

EP: EPRS: Briefing: EU Legislation in Progress http://epthinktank.eu/eu-legislation-in-progress/

ESO: Background information: 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 http://www.europeansources.info/record/directive-eu-2018-957-amending-directive-96-71-ec-concerning-the-posting-of-workers-in-the-framework-of-the-provision-of-services/

EP: EPRS: Briefing - Initial Appraisal of a European Commission Impact Assessment, May 2016: Revision of the Posting of Workers Directive http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/581381/EPRS_BRI(2016)581381_EN.pdf

European Parliament: European Parliamentary Research Service: Study, June 2016: Posting of Workers Directive – Current Situation and Challenges http://www.europarl.europa.eu/RegData/etudes/STUD/2016/579001/IPOL_STU(2016)579001_EN.pdf

EPRS: At a Glance: Study in Focus, July 2016: Posting of Workers Directive – Current Situation and Challenges http://www.europarl.europa.eu/RegData/etudes/ATAG/2016/587291/IPOL_ATA(2016)587291_EN.pdf

EurActiv: Topic: Posted workers https://www.euractiv.com/topics/posted-workers/

EurActiv, 15.09.16: Parliament paves way for posted workers reform http://www.euractiv.com/section/social-europe-jobs/news/parliament-paves-the-way-for-posted-workers-reform/

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