Brussels, 20/09/2012 (Agence Europe) - The European Commission proposal to impose an exhaustive list of measures that can be taken at national level to control the legal situation of posted workers is far from gaining unanimous support from either the European Economic and Social Committee (EESC) or by certain experts from the public and private sectors. The latter consider that such a list restricts the field of action for the supervisory authorities, whereas the EESC believe that if this provision is maintained it will be essential to review it after a three-year period.
In its March 2012 proposal to revise the “posted workers” directive, the Commission outlined four administrative and control measures to enhance application of rules on the posting of workers. In this proposal it indicates that only member states can impose these measures. This point is challenged by most of the experts who spoke during the public hearing organised by the European Parliament employment and social affairs committee on Tuesday 18 September. It is also the opinion of Philipp von Preuschen, the German finance minister. According to the latter, control measures are constantly evolving and it would be damaging to restrict their number. In a recommendation adopted during the plenary session on Wednesday 19 September (219 votes in favour, two against, with eight abstentions), the EESC displayed a more cautious approach but did indicate, however, that “reviewing the list of measures after three years is crucial”.
In general, the Commission proposal aiming to clarify the existing directive on posted workers (96/71/EC) meets with the approval of the EESC. More efficient administrative cooperation, guarantee of better conditions for competition and legal security for service providers are some of the advantages listed in the recommendation adopted. Nonetheless, for the Parliament rapporteur on this question, Danuta Jazlowiecka (EPP, Poland), the Commission has not successfully attained its first objective, namely clarifying the definition of what a posted worker is. The criteria established by the Commission, although this time this list is not exhaustive, are not sufficiently clear, she explains.
According to the Commission, around 1 million workers (0.4% of the EU labour force) are posted beyond the EU's internal borders every year to provide services. Countries that post the most workers are Poland, Germany, France, Luxembourg, Belgium and Portugal. (JK/transl.fl)