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| EU calls for urgent action to improve working conditions for 1 million posted workers |
| Brussels, 04.04.2008 |
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| The European Commission today called on national governments to take urgent action to improve the situation of posted workers – temporarily posted by their employers to another Member State – through better cooperation between national administrations. The Recommendation sets out a series of concrete actions to remedy shortcomings in the way the existing legislation is implemented, applied and enforced. It calls in particular for more effective exchange of information, better access to information and exchange of best practice. The initiative comes as a follow-up to the Commission's June 2007 Communication on posting of workers.
Vladimír Špidla, EU Employment, Social Affairs and Equal Opportunities Commissioner said: "The estimated 1 million posted workers in the EU play a vital role in addressing labour shortages in the European jobs market. The posting of workers directive aims to benefit service providers and workers alike, but Member States must improve cooperation if we are to effectively protect working conditions and avoid a race towards the lowest minimum rates of pay in the EU as a whole."
The Commission's June 2007 Communication on 'Posting of workers in the framework of the provision of services: maximising its benefits and potential while guaranteeing the protection of workers' (IP/07/817) identified a series of shortcomings in the implementation, application and cross-border enforcement of the Posting of workers Directive. The Commission's extensive monitoring showed that many Member States rely solely on their own national measures and instruments to control service providers and in a way which does not always appear to be in conformity with the Directive. It highlighted the key problems as a virtual absence of administrative cooperation, unsatisfactory access to information and cross-border enforcement problems.
Today's Recommendation focuses on:
better administrative cooperation between the Member States, in particular through a more effective system for exchanging information, such as the Internal Market Information System, and the development of a specific application to support the practical implementation of the Directive;
better access to information for service providers and posted workers;
exchange of information and best practice among Member States through a High-Level Committee.
Poor enforcement of the existing legislation is undermining its effectiveness and putting the protection of posted workers' rights at risk. Close co-operation between the Member States as well as between the Commission and the Member States is therefore essential, without neglecting the important role of labour inspectorates and social partners.
Workers and employers also need easily accessible, accurate and up-to-date information about the terms and conditions of employment that will apply to posted workers in the host Member State. Exchange of good practice and information can further help Member States address difficulties.
What is posting?
We say a worker is "a posted worker" when he or she is employed in one EU Member State but sent by their employer on a temporary basis to carry out his work in another Member State. For example, a service provider may win a contract in another country and send their employees there to carry out the contract. This trans-national provision of services, where employees are sent to work in a Member State other than the one they usually work in, gives rise to a distinctive category, namely that of "posted workers".
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