Brussels, 06/03/2014 (Agence Europe) - On Wednesday 5 March, the national ambassadors to the EU (Coreper) validated by a very large majority, the provisional agreement on revising the 1996 directive on the posting of workers, negotiated between the Greek Presidency of the Council and negotiators from the European Parliament and European Commission on Thursday 27 February (see EUROPE 11029). The European Commission and France have referred to this as a “success”, although the European Trade Union Confederation (ETUC) described it as a “very disappointing outcome”.
Commissioner Laszlo Andor (employment and social affairs) explained that thanks to the “spirit of compromise and flexibility” the EU had been able to send a “clear signal” that “Europe does not accept fraud or the abuse of the applicable rules at the expense of posted workers”. According to the Andor, “the provisional text contains a balanced, comprehensive package of appropriate measures guaranteeing a better protection of posted workers, creating a more transparent legal framework for service providers, and building up the confidence in the Single Market”.
In a joint press release, the respective French ministers Michel Sapin (employment) and Thierry Repentin (European affairs) also welcomed this agreement, which they described as “further progress for social Europe” because it “demonstrates that Europe can be built through ambitious social proposals”. They added that “the new rules will help fraud and social dumping to be fought more efficiently”. They also pointed out that France was prepared to adopt a law that went well beyond this implementing directive because it would create unitary and compulsory responsibility in all sectors of the subcontracting chain.
The unions, however, adopted a completely different tone and the ETUC explained that the agreement hardly improves the protection of posted workers and will not put an end to the current social dumping. This is because “the measures to be taken by member states to combat abuse and under-payment of posted workers should not be subject to free market rules”, explained Bernadette Ségol, the secretary-general of the ETUC. According to Veronica Nilsson, the confederal secretary of the ETUC, “the only solution is a revision of the Posting of Workers Directive together with the introduction of a Social Progress Protocol to make sure that fundamental social rights cannot be subordinated to economic freedoms”. (JK)