The EC posting of workers revision opens new debates

09 March 2016
by UEAPME -- last modified 09 March 2016

UEAPME, the European Employers Association for SMEs, takes note of the EC proposal revising the posting of workers directive.

UEAPME regrets not having had the possibility to discuss with the other EU cross-industry social partners how best adapting the posting of workers directive before the EC published its proposal. Indeed, UEAPME has constantly called for a pragmatic approach to solve real problems of SMEs on the ground regarding unjustified bureaucratic burden and unfair competition. This is why UEAPME welcomes the aim of the EC proposal to create a fair level playing field for companies. However the EC approach to apply the principle of ”equal pay for equal work at the same workplace” raises a number of practical questions and will create new legal uncertainties where there are no universally applicable collective agreements.

Concerning the revision of the posting of workers directive, UEAPME Secretary General Peter Faross regrets that "EU social partners never had the chance to fully discuss the new EC proposals" and warned that "it will become much more difficult to find pragmatic solutions when the dossier will be controversially discussed at the Parliament and the Council". Achieving clarity on the minimum rates of pay is one key issue where social partners should have been involved, notably taking into account the clear division among Member States but also among employers.

The EC has now decided to apply the principle of "equal pay for equal work at the same workplace". This new approach should help reach the necessary level playing field for small local businesses, but it will not be the magic bullet for tackling unfair competition largely created by fraud and abuse. In Member States where there are no universally applicable collective agreements, it will create new transparency obligations for companies and open the door to new legal uncertainties.

UEAPME is the employers' organisation representing Crafts and SMEs from the EU and accession countries at European level. UEAPME has 64 member organisations covering about 12 million enterprises with 55 million employees. UEAPME is a European Social Partner.

UEAPME - European SMEs employers' association