Building worker
(BRUSSELS) – Workers sent temporarily to another EU country would from now on get equal pay for equal work in the same place, under a provisional deal agreed on Tuesday between MEPs and EU Ministers.
The new EU rules to better protect workers posted to another member state, informally agreed by Euro-Parliament and Council negotiators on Monday evening, aim to ensure better protection for posted workers and fair competition for companies.
“This agreement will provide better rights for workers and also ensure the necessary protection toward companies,” said Parliament’s co-rapporteur Elisabeth Morin-Chartier MEP. Fellow rapporteur Elisabeth Morin-Chartier MEP added: “Europe chooses equal pay for equal work at the same place. And that is a major accomplishment.”
A posted worker is an employee who is sent by their employer to carry out a service in another EU member state on a temporary basis. In 2016, there were 2.3 million posted workers in the EU. Posting increased by 69% between 2010 and 2016.
Under the agreed text, all of the host country’s rules on remuneration, set by law or certain collective agreements, shall apply to posted workers. EP negotiators ensured that large, representative regional or sectoral collective agreements could also be applied.
Travel, board and accommodation costs should be paid by the employer and not deducted from workers’ salaries. Employers will also have to ensure that the accommodation conditions for posted workers are decent, and in line with national rules.
The duration of the posting has been set at 12 months, with a possible extension of 6 months. After that time-limit, the worker will still be able to stay in the Member State where he is posted, but all of the host country’s labour rules will start to apply.
The new elements of the revised directive will apply to the transport sector once the sector-specific legislation, included in the Mobility Package, enters into application Until then, the 1996 version of the directive remains applicable.
Member states will have 2 years to transpose the rules; they will have to apply the new rules by the end of this period.
The provisional agreement now needs to be confirmed by EU member states’ permanent representatives (COREPER) and to be adopted in the European Parliament’s Employment and Social Affairs Committee. Before entering into force, the draft directive will then have to be formally approved by the full Parliament and the Council.
Further information, European Parliament
Joint statement on the revision of the Posting of Workers Directive (1.3.2018)
EP briefing: The revision of the posting of workers directive
