1. Decent work for precarious workers in EU 27 PRECARIOUS WORK IN THE CONSTRUCTION EFBWW study on the practical situation of Posting in the EU Werner Buelen, European Federation of Building and Woodworkers

2. EFBWW Some key figures: 73 affiliated trade unions in 31 countries 2,3 mio. direct members Established in 1958 ETUC member Recog. European Soc. Partner: – construction – Wood, furniture – Forestry Key activities: – EU-labour market – Health and safety – EWC – Voc training – Internal coordination CB

3. Types of “posting” Genuine posting Meticulously posting Social fraud Social Exploitation Posting Undeclared labour

4. Posting is a coin with 2 sides Normative and legal Art.: 1, 2 and 3 Material and operational Art.: 4, 5 and 6 At the moment both sides of the coin are (very) controversial

5. A few examples Normative and legalMaterial and operational Definition workerExchange of information Fundamental rightsAdministrative formalities Duration of postingAdministrative cooperation Industrial actionsRecognition and execution of sanctions

6. Regarding the material and operation side, the EFBWW has identified the following issue to be solved at European level: EU-Definitions Specific rules to tackle illicit labour providers (gang masters) and labour users Specific rules to tackle “letter box” companies Introducing a European Social Identity Card (SIC) Joint and several liability of the main contractor Specific Preventive measures Strengthened checks, investigation and control Facilitation of complaints Obligation to improve domestic administrative co-operation Specific enforcement and compliance Creating a new EU Social Intelligence and Investigation Agency (EU-SIIA) body to prevent and detect illicit employment

7. EFBWW Campaign poster

8. Answers and solutions are to be found at 4 levels: 1. Within the posting of Workers Directive 2. Next to the Posting of workers directive: Enforcement Cross-border cooperation Liability; Information 3. In relation to other EU-legislative instruments: Services Directive; Public procurement Directives; Working Time Directive; … 4. At national level

9. A strong conclusion of the study is that we do not need further studies, assessments, reports and discussions at EU level. IT IS TIME TO ACT!

10. At sectoral level the European social partners have been quit active: Joint conclusions and recommendations of self-employment and false self-employment (2009); Joint data-base and website on posting (2010) Joint data-base and website on posting Joint agreement on posting (30 June 2011)

11. A European legislative initiative is expected end 2011 (A new strategy for the EU single market – Com. 13.04.2011 ) : Legislation aimed at improving and reinforcing the transposition, implementation and enforcement in practice of the Posting of Workers Directive55, which will include measures to prevent and sanction any abuse and circumvention of the applicable rules, together with legislation aimed at clarifying the exercise of freedom of establishment and the freedom to provide services alongside fundamental social rights.

12. Werner Buelen wbuelen@efbh.be +32 (0)227 10 40 Thank you for your attention Questions / remarks