Brussels, 18/02/2015 (Agence Europe) - France has decided to apply the minimum wage on foreign lorry drivers in its territory, in an effort to tackle unfair competition. Germany, however, recently suspended a similar measure, under pressure from European counterparts. The question of fighting against “social dumping” in the transporting of merchandise is becoming increasingly urgent in the EU.
The application of the “salaire minimum interprofessionnel de croissance” (SMIC) or minimum wage for foreign professional drivers temporarily working in France is expected to be introduced in an amendment to the “Macron” law on the liberalisation of the economy, which is currently and very meticulously being adopted. The French Secretary of State for Transport, Alain Vidalies, said that this was in response to increasing levels of unfair competition in the road transport of goods sector. He referred to the social dumping practised by foreign companies, but also by French companies that compensate at a social level by creating foreign subsidiaries. In an effort to tackle these practices, the new provisions come on top of French fines recently introduced to sanction weekly rest periods taken inside lorry cabins (see EUROPE 11235).
Imposing the SMIC on professional drivers particularly concerns cabotage operations or, in other words, the transport of goods in France by foreign operators who load and unload in France. The measure is therefore different from the minimum wage Germany is seeking to impose on foreign drivers transiting Germany. Since 1 January, the minimum wage has applied transversely in Germany. Nonetheless, the latter has decided to suspend its application to foreign drivers in transit, whilst waiting for the European Commission to validate the provision's compliance with European law (see EUROPE 11243).
Although the Commission has closely examined the German case, it has not yet looked at the French provisions, according to confirmation from one European source. Nonetheless, the return of protectionism in the transport of goods sector in an effort to tackle “social dumping” requires a European response. Vidalies also said that he wanted the European Commission to take over this dossier, in an effort to develop social harmonisation. The European institution remains excessively discreet on how it intends to approach things. An initial scoreboard could be drawn up at the social summit in June (see EUROPE 11247). It has not been ruled out that European measures will be part of a “road package” expected in 2016. (Marie-Pauline Desset)