Posting of workers in the framework of the provision of services: enforcement of Directive 96/71/EC

The Council was not able to arrive at a general approach on the 'posting of workers' directive.

While several alternative proposals were tabled for discussion by delegations, no agreement could be found on the key articles of the directive, which a number of delegations considered as a package deal. They concern:

• Article 9 on national control measures that allows Member States to impose national administrative requirements and control measures on undertakings posting workers;
• Article 12 on subcontractors' liability as regards compliance with applicable minimum wages.

All ministers agreed on the need to:

• reach on overall agreement as soon as possible so as to address a wide range of cases of fraud and abuses in a number of Member States,
• ensure better protection of posted workers' rights as well as more transparency of national rules for service providers.