Brussels, 9 December 2013
Employment: Commission welcomes Council agreement on enforcement of posted workers safeguards
European Commissioner for Employment, Social Affairs and Inclusion László Andor has welcomed the 9th December agreement by the EU's Council of Employment and Social Policy Ministers on a so-called 'general approach' on the proposal for a Directive on the enforcement of the posting of workers. The Commission presented its proposal in March 2012 (see IP/12/267).
Commissioner László Andor said: "The Commission very much welcomes the general approach agreed by the Council today on new rules to enforce the safeguards against social dumping laid down in the posted workers Directive. There is an urgent need to reinforce the safeguards in EU rules to ensure that posted workers' rights are respected in practice, and to allow European businesses to operate with more legal certainty and transparency. I now urge the European Parliament and the Council to definitively adopt the Directive as soon as possible."
With respect to administrative requirements and national control measures, one of the most important elements of the proposal, the text agreed by Council strikes a balance between the necessity of guaranteeing legal certainty and transparency for service providers, while acknowledging Member States' competence.
With respect to the protection of workers' rights in direct subcontracting relationships, the text agreed by Council recognises the importance of liability of the contractor in this respect, while allowing Member States some flexibility to uphold the necessary appropriate measures, thus respecting the different social models and industrial relations systems existing in EU countries.
The current text, if adopted by the European Parliament and Council, would help to improve the effective implementation, application and enforcement in practice of the existing Posting of Workers Directive (Directive 96/71/EC) which puts in place a number of safeguards to protect the social rights of posted workers and to prevent social dumping. In particular, the Enforcement Directive would:
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