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Member states approve posting of workers compromise

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Member states approve posting of workers compromise


(BRUSSELS) - EU ambassadors approved Wednesday a compromise text negotiated with the Euro-Parliament on the posting of workers - employees sent to work in another EU member state on a temporary basis.

"With today's agreement, the EU delivers on the important principle of equal pay for equal work, ensuring that all workers are treated fairly across the Union," said Bulgaria's employment minister Biser Petkov, for the EU presidency: "Local or posted workers doing the same job at the same place will have the same working and wage conditions. The agreement is also fair and balanced since it helps preserve the free provision of services."

Posted workers are different from EU mobile workers in that they remain in the host Member State temporarily and do not integrate in its labour market. In revising the rules on posted workers, the challenge for the EU has been to achieve fair balance between labour rights and the freedom to provide services.

The aim of the revised directive is to facilitate the transnational provision of services whilst ensuring fair competition and respect for the rights of those workers who are employed in one member state and sent to work temporarily in another by their employer (posted workers).

More specifically, the directive aims at ensuring fair wages and a level playing field between posting and local companies in the host country whilst maintaining the principle of free movement of services.

In particular, the new directive provides for the following:

  • Remuneration will apply from day 1 of posting, so that posted workers will benefit from the same rules on remuneration as local workers of the host member s The rules on allowances are also clarified.
  • The concept of long-term posting is introduced. This means that a worker will be considered to be posted long-term after12 months (with the possibility of a 6 months extension subject to a justified notification by the service provider). After this period, the posted worker will be subject to nearly all aspects of the labour law of the host country.
  • The number of potential collective agreements which may apply in member states having a system for declaring collective agreements or arbitration awards of universal application is increased. Collective agreements can be applied to posted workers not only in the construction sector, as it is so far, but in all sectors and branches.
  • Temporary work agencies are to guarantee to posted workers the same terms and conditions which apply to temporary workers hired in the member state where the work is carried out.
  • Cooperation on fraud and abuse in the context of posting is enhanced.
  • For the international road transport sector, the rules would be stipulated in the forthcoming sector-specific legislation.
  • The deadline for transposition and the date of application will be 2 years after the entry into force of the directive.

Final adoption of the directive is set for a later stage, once the legislation has been voted in the Parliament.

Commission proposal

1996 directive

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