Posting of Workers Directive

31-05-2018

Posting of workers plays an important role in the internal market, particularly in the cross-border provision of services. While the number of posted workers continues to increase significantly, problems such as unfair practices and unequal remuneration persist. In addition, the correct balance between the freedom to provide cross-border services and the social rights of workers is needed, and moreover, needs to be adapted to today’s labour market situation. The targeted revision of the Posting of Workers Directive (96/71/EC) proposed by the Commission intended to bring changes in three main areas: the remuneration of posted workers (making it equal to that of local workers, even when subcontracting), more coherent rules on temporary agency workers, as well as long-term posting. The provisional agreement reached in trilogue negotiations states that long-term posting (with labour law provisions of the host country to be applied) starts after 12 months (with a possible extension of six months). The overall amount of remuneration received by a posted worker must meet the level of remuneration in the host Member State (without the reimbursement of the worker’s expenses) which must be published on a single national website. Host Member States can accord to posted workers the coverage of representative collective agreements in all sectors, and they must protect them against fraudulent posting. Fifth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Posting of workers plays an important role in the internal market, particularly in the cross-border provision of services. While the number of posted workers continues to increase significantly, problems such as unfair practices and unequal remuneration persist. In addition, the correct balance between the freedom to provide cross-border services and the social rights of workers is needed, and moreover, needs to be adapted to today’s labour market situation. The targeted revision of the Posting of Workers Directive (96/71/EC) proposed by the Commission intended to bring changes in three main areas: the remuneration of posted workers (making it equal to that of local workers, even when subcontracting), more coherent rules on temporary agency workers, as well as long-term posting. The provisional agreement reached in trilogue negotiations states that long-term posting (with labour law provisions of the host country to be applied) starts after 12 months (with a possible extension of six months). The overall amount of remuneration received by a posted worker must meet the level of remuneration in the host Member State (without the reimbursement of the worker’s expenses) which must be published on a single national website. Host Member States can accord to posted workers the coverage of representative collective agreements in all sectors, and they must protect them against fraudulent posting. Fifth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.