The revision of the Posting of Workers Directive March 2018 Federico PANCALDI Unit EMPL/D1 - Free Movement of Workers, EURES Social Europe
1. State of play 2. Common Understanding: the main points 3. Next Steps 2 Social Europe
1. State of play • 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 * * * • March/April [tbc] : EP EMPL Committee and Plenary, EPSCO Council, adoption 3 Social Europe
2. Common Undestanding Key novelties of the COM proposal Long term posting Remuneration Sub-contracting Temporary Agency Work 4 Social Europe
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 5 Social Europe
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 6 Social Europe
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 7 Social Europe
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 8 Social Europe
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 9 Social Europe
Overview of main positions 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 10 Social Europe
Subcontracting chains • None • Review clause in 5 years 11 Social Europe
Link with road transport • Syncronisation clause with lex specialis currently under negotiation • Review clause after 5 years to assess the need for further measures 12 Social Europe
Transition period • Application after 2 years 13 Social Europe
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 14 Social Europe
3. Conclusion • 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 15 Social Europe
• Thank you for your attention! 16 Social Europe
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