1. Posting of workers – new proposals
BusinessEurope views
Magdalena Bober
28 Sptember 2016

2. What is BusinessEurope?
Cross-industry EU social partner representing employers
40 member federations in 34 countries
Representing small, medium and large companies from different sectors of the economy

3. Why are rules on posting important for us?
Single market brings benefits to the EU companies and citizens,
Posting of workers essential for cross-border provision of services,
Help addressing skills and labour gaps,
Opportunity for companies to expand to new markets,
Increased specialisation,
Help companies to be globally competitive.

4. Posting of Workers Directive (96/71/EC)
The core of mandatory rules of host country to be respected already covers a wide range of issues:
minimum rates of pay,
maximum work periods and minimum rest periods,
minimum paid annual leave,
health and safety at work,
the conditions of hiring out workers,
equal treatment between men and women
According to BusinessEurope the PWD provides a good framework for cross border services provision guaranteeing fair competition and protection of posted workers – no need for change

5. Enforcement Directive (2014/67/EU)
Aim: to improve application of the Posting Directive
Content:
criteria to identify genuine postings to better tackle abuses
improved transparency, access to information
better administrative cooperation (clarification of competences, deadline for responses) and cross- border enforcement of fines and penalties
liability in subcontracting chains
To be transposed by Member States by June 2016

6. Enforcement Directive (2014/67/EU) today
15 Member States have not yet transposed the Enforcement Directive
Some of the IMI modules for communication between authorities are still not functional
Single websites are still not communicated
Focus should be on the application of Enforcement Directive
Not only legal transposition but also adequate resources, tools and competences

7. Commission proposal for a revision
July 2016 – Commission’s proposal for a revision of the posting directive (96/71/EC) maintained despite the “yellow card” and poor implementation of the Enforcement Directive
Main changes:
The term “minimum rates of pay” replaced by “remuneration”
If anticipated or effective duration of a posting longer than 24 months a posted worker deemed habitually working in a host member state
New rules on subcontracting
Posted agency workers have to be covered by Agency Work Directive

8. BusinessEurope views on the proposal (1)
Concerns with the adoption process – decision to revise the directive taken by the EC before considering the impact assessment, no proper consultation of social partners
Concerns with the content – no added value in terms of addressing illegal practices. Only more complexity and more uncertainty.
Already now 30 % of companies surveyed by the EC reported problems linked to posting (burdensome administrative requirements, paperwork, fees and registration obligations)

9. BusinessEurope views on the proposal (2)
Focus should be on the implementation of Enforcement Directive to fight illegal practices and facilitate lawful postings
Revision of the 96 rules is a start of divisive political discussion when the EU needs unity and cooperation

10. Magdalena Bober Social Affairs Advisor m.bober@businesseurope.eu
More info
Magdalena Bober Social Affairs Advisor