Directive (EU) 2018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services

Author (Corporate) ,
Series Title
Series Details L173, 9.7.2018
Publication Date 09/07/2018
Content Type

Summary:

The European Commission presented on 8 March 2016 a proposal reforming some rules on posting of workers within the European Union, by updating Directive 96/71/EC, originally adopted in 1996.

+ COM(2016)128: Proposal for a Directive amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services
+ Further sources on launch of COM(2016)128 and reaction from Member States

Upon the launch of this initiative, several Member States showed concerns and a number of national parliaments issued reasoned opinions. The 'Yellow Card' option was activated, forcing the Commission to re-assess its proposal. A Communication was published on 20 July 2016 which concluded that the draft law did not constitute a breach of the subsidiarity principle.

The Council of the European Union agreed on its general approach regarding this initiative on 23 October 2017, following the effort of different rotating presidencies over a year. The European Parliament's plenary session approved its negotiating position two days later. An informal agreement between the institutions was reached on 15 March 2018. The Parliament formally endorsed the compromise draft law on 29 May, followed by the Council on 21 June. The new Directive was adopted on 28 June.

Further information:

The Commission announced in its Political Guidelines and confirmed in its Work Programme 2016 a targeted revision of the Posting of Workers Directive. It does not address any issue touched upon by the Enforcement Directive. The proposal is for a targeted revision of the Posting of Workers Directive, introducing changes in three main areas: remuneration of posted workers, including in situations of subcontracting; rules on temporary agency workers; and long-term posting. The draft law also aims to codify the case law of the CJEU, thus improving the clarity of EU legislation.

This was seen as a very sensitive draft law on a topic which gathered great political attention and distinct interests between Member States, particularly between Western countries and Central-Eastern European countries. Stakeholders and advisory committees emphasised sector-specific differences to posting, the danger of 'cascade subcontracting' practices, as well as the importance of collective agreements.

Source Link https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2018.173.01.0016.01.ENG
Related Link(s)
EUR-Lex: SWD(2016)52: Impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:052:FIN
EUR-Lex: SWD(2016)53: Executive summary of the impact assessment http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2016:053:FIN
ETUC: Press Release, 31.08.17: Trade unions want ambitious revision of Posted Workers Directive by the end of the year https://www.etuc.org/press/trade-unions-want-ambitious-revision-revision-posted-workers-directive-end-year
EurActiv: Opinion, 04.09.17: Posting of workers: A call for a broader debate http://www.euractiv.com/section/economy-jobs/opinion/posting-of-workers-a-call-for-a-broader-debate/
The Local (France), 23.08.17: Macron embarks on tour to drum up support for EU reform plans https://www.thelocal.fr/20170823/macron-embarks-on-tour-to-drum-up-support-for-eu-reform-plans
EurActiv, 07.09.17: Polish PM accuses Macron of pursuing ‘protectionism’ in EU http://www.euractiv.com/section/economy-jobs/news/polish-pm-accuses-macron-of-pursuing-protectionism-in-eu/
EurActiv, 12.09.17: France seeks last-minute support for posted workers bill http://www.euractiv.com/section/economy-jobs/news/france-seeks-last-minute-support-for-posted-workers-bill/
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Bruegel: Blog, 18.10.17: Revision of the Posted Workers Directive misses the point http://bruegel.org/2017/10/revision-of-the-posted-workers-directive-misses-the-point/
EPRS: At a Glance, May 2018: Revising the Posting of Workers Directive http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_ATA(2018)621896
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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CEPS: Commentary, 18.09.17: Is Juncker’s enthusiasm for a common labour authority premature? https://www.ceps.eu/publications/junckers-enthusiasm-common-labour-authority-premature

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