Commission proposal on a targeted revision of the posting of workers directive: Some good, some bad

The objective of the Commission is to “facilitate the provision of services across borders within a climate of fair competition and respect for the rights of posted workers, who are employed in one Member State and sent to work temporarily in another by their employer.”

Proposed changes in remuneration, rules for temporary work and long-term posting

According to the Commission:
• Posted workers should be subject to equal pay and working conditions as local workers. All rules on remuneration applied generally to local workers should also have to be granted to posted workers;
• National rules on temporary agency work should apply when agencies established abroad post workers; and
• If the duration of posting exceeds 24 months, the labour law conditions of the host Member States should have to be applied, where this is favourable to the posted worker.

Posted workers not to be at par with ‘domestic’ workers

CESI Secretary General Klaus Heeger said: “We have waited a long time for this proposal but have been partially disappointed. It is a right decision to suggest that national rules on temporary agency work should apply when agencies established abroad post workers. However, all labour law conditions of host Member States shall only apply to posted workers after 2 years. The length of this threshold is not acceptable especially since very few workers are posted for such long times. Not many workers would feel any improvements. There is also no real suggestion on how to avoid letter-box companies and systematic exchanges of posted workers by their employers to circumvent thresholds.”