Workers Directive March 2018 Federico PANCALDI Unit EMPL/D1 - Free - - PowerPoint PPT Presentation

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The revision of the Posting of Workers Directive

March 2018

Federico PANCALDI Unit EMPL/D1 - Free Movement of Workers, EURES

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• 1. State of play
• 2. Common Understanding: the main points
• 3. Next Steps

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• 16 October 2017: EMPL Committee of the European

Parliament adopts report and mandate

• 23 October 2017: Council adopts General Approach
• 28 November 2017 – 28 February 2018: Trilogues

and Common Understanding

• 14 March: COREPER
• 19 March: final Trilogue

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• March/April [tbc]: EP EMPL Committee and

Plenary, EPSCO Council, adoption

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• 1. State of play

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• 2. Common Undestanding

Long term posting Remuneration Sub-contracting Temporary Agency Work Key novelties of the COM proposal

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Items of the Common Understanding:

• - Legal basis
• - Types of collective agreements
• - Remuneration
• - Core of rights
• - long-term posting
• - subcontracting chains
• - link with road transport
• - transition period

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Legal basis

• Internal Market legal basis remains unchanged

However

• Article 1: Subject Matter and Scope
• Recalls that the Directive ensures the

protection of posted workers and that it shall not affect the exercise of fundamental rights

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Remuneration

• Remuneration
• determined by the national law and/or practice of the

Member State to whose territory the worker is posted

• rendered mandatory by national law, regulation or

administrative provision, collective agreements or arbitration awards which have been declared universally applicable

• Obligation to publish in the single official national

website the constituent elements of remuneration and all the terms and conditions of employment

• Obligation of accuracy and update of information
• Proportionality of sanctions in case of inaccurate info

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Types of collective agreements

• Member States may also apply generally

applicable collective agreements, provided that their application respects equal treatment +

• Fundamental rights: the Directive shall not

affect the exercise of fundamental rights, including the right or freedom to strike not will it affect the right to negotiate, conclude and enforce collective agreements

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Core of rights (other than remuneration)

• Conditions of workers' accommodation,

when provided by the employer if case the worker is away from the regular place of work

• Allowances or reimbursement of

expenditure to cover travel, board and lodging expenses for workers away from home for professional reasons during the posting assignment

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Long-term posting

• When the effective duration of a posting

exceeds 12 months…

• …the undertakings apply all the remaining terms

and conditions of employment set by law or collective agreement, except

• Procedures, formalities and conditions of conclusion of

the contract

• Supplementary occupational retirement pension

schemes

• Upon motivated request by service provider, the

period will extend to 18 months

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Overview of main positions

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Subcontracting chains

• None
• Review clause in 5 years

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Link with road transport

• Syncronisation clause with lex specialis

currently under negotiation

• Review clause after 5 years to assess the

need for further measures

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Transition period

• Application after 2 years

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Chain posting and non-genuine postings

• In case of double posting (e.g. though

temporary agency) the employer is considered to be the undertaking which posted the worker to the second Member State and must comply with all the rules on posting

• In case of fraudulent posting, Member States

shall ensure that the worker benefits from relevant legislation and collective agreements

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• It's not over till it's over
• Commission

welcomes landmark agreement for fairness in the Internal Market

• Still lot of work to do on the application of

the Enforcement Directive

• …and European Labour Authority

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• 3. Conclusion

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• Thank you for your attention!

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