- Posting of a worker can last up to 12 months, with a possible extension of 6 months
- Host country’s remuneration rules to apply to all posted workers
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 between MEPs and EU Ministers.
New EU rules to better protect workers posted to another member state were informally agreed by the European Parliament and Council negotiators on Monday evening. The revised rules aim to ensure better protection for posted workers and fair competition for companies.
Making pay fairer
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 sectorial collective agreements could also be applied.
Improving workers’ conditions
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.
International road transport
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.
When the new rules apply
Member states will have 2 years to transpose the rules; they will have to apply the new rules by the end of this period.
Elisabeth Morin-Chartier (EPP, FR), rapporteur, said: “This agreement reflects the social, economic and political reality of the European Union. It gives a clear direction towards a more social Europe with a fairer competition between companies and better rights for workers. This agreement will provide better rights for workers and also ensure the necessary protection toward companies.”
Agnes Jongerius (S&D, NL), co-rapporteur, said:“ Europe chooses equal pay for equal work at the same place. And that is a major accomplishment. Colleagues can be colleagues again, and no longer competitors. When I arrived in the European Parliament, my main goal was the revision of the Posting of Workers Directive. And this will happen now. This is an important step to create a social Europe that protects workers and makes sure there is fair competition".
The provisional agreement still needs to be confirmed by EU member states’ permanent representatives (COREPER) and adopted in the European Parliament’s Employment and Social Affairs Committee. Before entering into force, the draft directive will need to be formally approved by the full Parliament and the Council.
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.