Brussels, 13 May 2014
Employment: Commission welcomes Council adoption of Posting of Workers Enforcement Directive
The European Commission has welcomed today's definitive adoption by the EU's Council of Ministers of new measures to better enforce EU rules on the posting of workers. The new Posting of Workers Enforcement Directive will safeguard respect for posted workers' rights in practice and strengthen the legal framework for service providers. Member States have to implement the new Enforcement Directive in their national legislation no later than two years and twenty days after its publication in the EU's Official Journal.
"The adoption of the Directive to enforce EU rules on posted workers sends a clear signal on the eve of the European elections that Europe does not accept fraud or abuse at the expense of posted workers or other forms of 'social dumping', said European Commissioner for Employment, Social Affairs and Inclusion László Andor. "I urge Member States to implement these rules as soon as possible and welcome steps to take such measures already announced by France".
Strong safeguards to protect the rights of posted workers and to prevent 'social dumping' are laid down in the 1996 Posted Workers Directive (96/71/EC) that presents a core of mandatory rules regarding the terms and conditions of employment to be applied to an employee posted to work in another Member State. The new Enforcement Directive will help to ensure that these rules are better applied in practice, especially in some sectors such as construction and road haulage, where for example so-called 'letter box' companies (without any real economic activity in their 'home' country) have been using false 'posting' to circumvent national rules on social security and labour conditions. It will also improve the protection of posted workers' rights by preventing fraud, especially in subcontracting chains where posted workers' rights are sometimes not respected.
In particular, the Enforcement Directive:
The right of companies to offer services in another EU Member State, and to temporarily post workers to supply those services, is based on Article 56 of the Treaty on the Functioning of the European Union (TFEU).
The existing Posting of Workers Directive (Directive 96/71/EC) put in place safeguards to protect the social rights of posted workers and to prevent social dumping requiring Member States to ensure that posted workers are subject to the host country's laws, regulations or administrative provisions concerning:
For more information
See also MEMO/14/344