Posted Workers Directive – Europe’s workers deserve decent working conditions

On Monday, 16 October 2017, the Employment and Social Affairs Committee of the European Parliament adopted the report by Agnes Jongerius (S&D, Netherlands) and Elisabeth Morin-Chartier (EPP, France) on the revision of the Posted Workers Directive. 

SOLIDAR welcomes the adoption of the report as a strong political signal to end social dumping and to ensure a level playing field for posted workers when it comes to pay, additional benefits and living standards. The enlargement of the legal base - now also comprising social policy and not only the internal market - is a political signal that the European project is not only defined as a common single market where workers are treated as a commodity to ensure lucrative business models for companies posting their employees but that Europe is a social union where the principle of equal pay for equal work at the same place is a reality. 

In addition to the fact that if the posting is longer than 24 months, all of the host country’s labour conditions would apply to posted workers (exceptionally, the 24-month limit can be extended if a company needs more time to complete the service it was required to provide), the major elements of the adopted changes are: 

  • Limitation to a 24-month period (with certain exceptions);
  • Term “Remuneration" instead of "minimum rates of pay", therefore including certain allowances and additional wage elements;
  • Member States can apply regional and sectoral collective agreements to posted workers;
  • Application of the remuneration standards of the main contractor to subcontractors with posted workers;
  • Obligation to give equal treatment to local and posted temporary agency workers;
  • Legal certainty that workers not genuinely posted will be protected by the full set of host country law
  • Extension of the legal base to include social policy as well as internal market rules.

SOLIDAR has been working for several years on the issue of intra-EU labour mobility and the defence of the concept of labour rights in the conviction that Europe needs to ensure a high-level of labour standards as well as social protection for workers irrespective of their place of work or their country of origin.

For more information, please read the latest communication on the outcomes of the PROMO project.

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