Brussels, 09/12/2013 (Agence Europe) - On Monday 9 December, European ministers for labour reached agreement on the proposal on implementing the directive (96/71/EC) on the posting of workers. This almost unhoped-for agreement was achieved after many hours of bilateral negotiations and marks the victory of member states opposing the compulsory principle of joint and several liability. This principle will be one of the two options, the other option consisting of setting up an alternative sanctions system. Negotiations will now be able to begin with the European Parliament and there is a chance of closing this final dossier in the internal market single act before the European elections.
Unsurprisingly (see EUROPE 10979), discussions mainly focused on the specific measures that ensure subcontractors respect working conditions, as a means to improve the fight against fraudulent arrangements (Article 12). When they arrived in Brussels, a minority of countries (United Kingdom, Poland, Ireland, Czech Republic, Slovakia, Estonia and Malta) were still blocking the dossier and were fiercely opposed to the idea promoted by France and Germany for a principle of compulsory joint and several liability throughout the EU.
During the day, a compromise on this question appeared out of reach and even Commissioner for Employment and Social Affairs Laszlo Andor asserted that “flexibility” , that is, a voluntary basis for this principle, could be allowed for member states, provided a compromise took exactly the opposite view an opposing idea in March 2012, when it presented its own proposal.
A compromise was finally found on national supervision measures and administrative requirements (Article 9), which constituted the second point on which the differences had focused. A list of measures was drawn up, with the possibility others being added, which will be verified by the Commission. On the most bitterly negotiated point, member states decided to choose a voluntary introduction of the joint and several liability principle in the construction sector. Member states will have the choice of whether to apply this principle or put in place a sanctions system imposed on contractors when the rights of workers are not respected, explained the Luxembourg minister for work, Nicolas Schmit, at the end of the meeting. (JK/transl.fl)