News
BackThe experiences of the last years clearly demonstrate that urgent improvements are needed to ensure the implementation, application and enforcement of the Directive in respect of posting workers within in the framework of the provision of services. That is why the European Commission proposed an Enforcement Directive with new solutions and measures on 21 March 2012. Now, the Polish rapporteur, Danuta Jazłowiecka presented her report in the European Parliament, which, however, does not give the impression as if she was greatly concerned about the protection of workers.
Danuta Jazłowiecka: employers’ interests have to be given priority in respect of posting!
There were several reasons why in March of this year the EU Commission became active and suggested a new proposal to enforce the existing Posting of Workers Directive. The general objective had been to protect the rights and working conditions of posted workers throughout the European Union and to prevent “social dumping”, i.e. the undercutting of prices in local markets by foreign service providers, whose labour standards are less strict. According to these provisions, the standards applying to domestic workers must also be applied to posted workers in the host country. One should think that all EU decision makers would agree to this. Not when it comes to the Conservative rapporteur in the European Parliament. Even though she lets no occasion pass without voicing her support for the protection of workers, in her proposed report, however, she does not leave any doubt that the interests of employers should take priority and that they should be confronted with as few problems as possible with regard to posting. And she accepts that in this scenario it is the workers who are the losers.
Control measures may not be restricted
An important point of the new proposal is which control measures Member States may carry out within the scope of posting. The rapporteur clearly supports the idea that there should only be a certain catalogue of control measures, which Member States will not be allowed to expand. Hence, states for example, which until now have carried out wider controls, could no longer implement them! It would be more sensible, as requested by trade unions and Chamber of Labour, to prescribe to Member States certain control measures as minimum measures. Whether any wider measures are necessary or whether one has to react to certain bypass actions should be left to the discretion of the Member States.
Contractors should be liable for sub-contractors – this guarantees fair competition
In its proposal, the Commission made it clear that in the building contractors should assume liability for their sub-contractors. This is not what the rapporteur had in mind and as a result she simply deleted the relevant article from the Directive proposal! Inconceivable, if one considers that this is clearly not only to the detriment of workers, but also protects the black sheep in the industry; hence this can never be in the interest of employers. This liability cannot only contribute to workers being paid the wages and benefits they are entitled to and to ensure that taxes and social security contributions are paid; fair competition is also promoted as a side effect. The rapporteur now has the task of convincing Parliament of her suggestions. This will not be easy as members of her own faction do not agree. The Chamber of Labour will do everything to ensure that posted workers do not experience disadvantages as this cannot be in the interest of a social Europe!
Further Information:
Draft report on the Enforcement Directive by Danuta Jazłowiecka
AK Position on the Enforcement Directive
There were several reasons why in March of this year the EU Commission became active and suggested a new proposal to enforce the existing Posting of Workers Directive. The general objective had been to protect the rights and working conditions of posted workers throughout the European Union and to prevent “social dumping”, i.e. the undercutting of prices in local markets by foreign service providers, whose labour standards are less strict. According to these provisions, the standards applying to domestic workers must also be applied to posted workers in the host country. One should think that all EU decision makers would agree to this. Not when it comes to the Conservative rapporteur in the European Parliament. Even though she lets no occasion pass without voicing her support for the protection of workers, in her proposed report, however, she does not leave any doubt that the interests of employers should take priority and that they should be confronted with as few problems as possible with regard to posting. And she accepts that in this scenario it is the workers who are the losers.
Control measures may not be restricted
An important point of the new proposal is which control measures Member States may carry out within the scope of posting. The rapporteur clearly supports the idea that there should only be a certain catalogue of control measures, which Member States will not be allowed to expand. Hence, states for example, which until now have carried out wider controls, could no longer implement them! It would be more sensible, as requested by trade unions and Chamber of Labour, to prescribe to Member States certain control measures as minimum measures. Whether any wider measures are necessary or whether one has to react to certain bypass actions should be left to the discretion of the Member States.
Contractors should be liable for sub-contractors – this guarantees fair competition
In its proposal, the Commission made it clear that in the building contractors should assume liability for their sub-contractors. This is not what the rapporteur had in mind and as a result she simply deleted the relevant article from the Directive proposal! Inconceivable, if one considers that this is clearly not only to the detriment of workers, but also protects the black sheep in the industry; hence this can never be in the interest of employers. This liability cannot only contribute to workers being paid the wages and benefits they are entitled to and to ensure that taxes and social security contributions are paid; fair competition is also promoted as a side effect. The rapporteur now has the task of convincing Parliament of her suggestions. This will not be easy as members of her own faction do not agree. The Chamber of Labour will do everything to ensure that posted workers do not experience disadvantages as this cannot be in the interest of a social Europe!
Further Information:
Draft report on the Enforcement Directive by Danuta Jazłowiecka
AK Position on the Enforcement Directive