Brussels, 21/03/2011 (Agence Europe) - On Wednesday 21 March, the European Commission presented a new legislative package concerning seconded workers, which includes a revision of Directive 96/71/EC and a regulation (known as Monti II) to clarify the relationship between economic freedoms and social rights, such as the right to strike. An inflammatory and politically sensitive issue, in the words of Commissioner Laszlo Andor (Employment, Social Affairs and Inclusion), these two proposals concern one million (declared) workers who are temporarily employed in a member state other than the one in which they usually work.
The directive. Presenting the package, the Commission wishes to respond to a number of problems which have emerged since the adoption of the directive on seconded workers in 1996. One of the issues tackled, which has given rise to considerable concern among employers, is that of the principle of joint and several liability. The aim is to extend to the whole of the EU a law which today exists in just eight member states, providing the possibility for workers and unions to take action against a sub-contractor and the principal employer. It is as much a question of responsibility as of improving the efficacy of such cases, because the principal employer is located in the state which hosts the seconded workers and, consequently, legal proceedings should be easier in the event of failure to respect social obligations. Additionally, it aims to reinforce the legislative framework in force, by such means as bringing in new standards to make the transfer of information on the rights and obligations of each stakeholder more transparent and accessible. Similarly, this new proposal aims to clarify the rules on cooperation between national authorities on pooling skills, whilst making new tools available to fight the phenomenon of so-called “letterbox” companies -businesses trying to get round the employment rules by establishing fake headquarters in the states with the most advantageous salary protection and taxation conditions.
Monti II regulation. This proposal seeks to strike a new balance between the freedom to provide services and the right to carry out collective actions, taking account of the various legal systems. The Commission drew inspiration from several rulings of the Court of Justice of the EU (the Viking-Line and Laval cases) to bring in perfect parity between economic freedoms and social obligations, according to a representative of the Commission. It is in this sense that the Commission is speaking of a rebalance which will be completely neutral, because it is up to the national courts to judge on a case-by-case basis which side to decide in favour of in the event of a dispute. A new warning mechanism has also been proposed for cases in which the national authorities suspect the existence of a cross-border social conflict. It aims to inform both the states concerned and the Commission. (JK/transl.fl)