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BackThis week, the EU Commission organised a conference on the relation of fundamental social rights and economic freedoms in the EU in the light of the posting of workers. The subject matter is not new; however, in particular against the background of the Posting of Workers Directive and the planned related activities of the EU Commission, it is extremely fascinating. It is also closely related to the - from the point of view of the workers - scandalous judgements of the European Court of Justice (ECJ) in the cases of Laval and Viking.
The EU Employment and Social Affairs Commissioner, László Andor, opened the conference. In his address, he concentrated on the posting of workers and the implementation of fundamental social rights in a common single market. He wants to find solution for both, and the conference, so Andor, would be a good opportunity to gather the opinions of the most important stakeholders in these fields, which would then be incorporated in the planned impact assessment of the EU Commission. In his opinion, it had to be made clear in future, when exercising the right to strike, which serves the protection of workers, would restrict exercising the economic freedoms of the EU. Andor said he could imagine the introduction of a relevant draft proposal, which would clarify this. In addition, he was very interested in the better implementation of the Posting of Workers Directive. Andor was opposed to any deterioration of labour conditions for workers. He wants to achieve his goal with a new implementing regulation on the Posting of Workers Directive. This should, among others, concentrate on closer cooperation among authorities, better controls and sanctions.
Bernadette Ségol, Secretary General of the European Trade Union Confederation, was not particularly impressed by Andor’s statements. She demanded a revision of the Posting of Workers Directive. An implementing regulation would not solve any problems, said Ségol. She also came out in favour of a social progress clause, which is to guarantee the priority of social fundamental rights over economic freedoms. She also included ‘equal pay for equal work’ as an important point in the debate on postings. Everything had to be done to prevent wage and social dumping. The German State Secretary, Andreas Storm, supported fair competition, which, however, should not be allowed to be conducted on the back of labour costs. He also voiced the opinion that the social dimension in the EU had to be enhanced.
Many workshops taking part in the conference discussed the social and economic impact of postings, possible cooperation of authorities and potential regulatory options. Another interesting point to mention is that the EU Commission - should the proposals not gain a majority - would also seriously contemplate a possible revision of the Posting of Workers Directive. It remains to be seen, whether these announcement will indeed be followed by relevant actions.
EU Commission: implementing regulation for Posting of Workers Directive to solve problems
The EU Employment and Social Affairs Commissioner, László Andor, opened the conference. In his address, he concentrated on the posting of workers and the implementation of fundamental social rights in a common single market. He wants to find solution for both, and the conference, so Andor, would be a good opportunity to gather the opinions of the most important stakeholders in these fields, which would then be incorporated in the planned impact assessment of the EU Commission. In his opinion, it had to be made clear in future, when exercising the right to strike, which serves the protection of workers, would restrict exercising the economic freedoms of the EU. Andor said he could imagine the introduction of a relevant draft proposal, which would clarify this. In addition, he was very interested in the better implementation of the Posting of Workers Directive. Andor was opposed to any deterioration of labour conditions for workers. He wants to achieve his goal with a new implementing regulation on the Posting of Workers Directive. This should, among others, concentrate on closer cooperation among authorities, better controls and sanctions.
ETUC requests revision of the Posting of Workers Directive
Bernadette Ségol, Secretary General of the European Trade Union Confederation, was not particularly impressed by Andor’s statements. She demanded a revision of the Posting of Workers Directive. An implementing regulation would not solve any problems, said Ségol. She also came out in favour of a social progress clause, which is to guarantee the priority of social fundamental rights over economic freedoms. She also included ‘equal pay for equal work’ as an important point in the debate on postings. Everything had to be done to prevent wage and social dumping. The German State Secretary, Andreas Storm, supported fair competition, which, however, should not be allowed to be conducted on the back of labour costs. He also voiced the opinion that the social dimension in the EU had to be enhanced.
Commissioner Andor does not rule out revision of the Posting of Workers Directive
Many workshops taking part in the conference discussed the social and economic impact of postings, possible cooperation of authorities and potential regulatory options. Another interesting point to mention is that the EU Commission - should the proposals not gain a majority - would also seriously contemplate a possible revision of the Posting of Workers Directive. It remains to be seen, whether these announcement will indeed be followed by relevant actions.