The first draft European Parliament opinion, finalised on Tuesday 29 November, on the targeted revision of the directive on posted workers clearly goes in the direction of the European Commission proposal and also calls for equal pay for local and posted workers.
The text of the two co-rapporteurs, Elisabeth Morin-Chartier (EPP, France) and Agnes Jongerius (S&D, the Netherlands), has not yet been sent to the Parliament’s lawyer-linguist department but it is expected to be sent very soon. It has been finalised and the few modifications suggested to the Commission proposal presented in March, mainly seek to reinforce the Commission's approach, despite the fact that the majority of member states in Central and Eastern Europe are not happy with it and that it has created deep rifts at the Council (see EUROPE 11676).
The central point of the revision as proposed by the Commission, which involves replacing the concept of the “minimum wage” with that of “remuneration”, has been left practically unchanged by the two co-rapporteurs. This is also the case for the maximum period of posting, which is expected to be 24 months.
During a meeting with a number of journalists on Wednesday 30 November, Morin-Chartier explained that the proposed amendments seek to tackle “a maximum” of shortcomings in the posting system, and should at the same time prevent workers being exploited in “social dumping” practices and avoid unfair competition for companies.
She particularly highlighted her wish to avoid having to force things and, instead, to build a dialogue with those critical of the Commission approach. Nonetheless, although the majority of the amendments contained in her draft opinion are relatively minor, they are expected to further exacerbate the opposition of those who were already opposed to the revision.
This is expected to be the case with the proposed amendment that introduces the option for member states to be able to apply their regional and sectoral collective agreements for posted workers, despite the fact that the Commission has already decided on the so-called collective agreements of general application. The welcome is expected to be similar for another amendment, although this is more symbolic: the extension of the legal basis for Articles 151 and 153 of the TFEU (social rights and working conditions). The legal basis of the directive is therefore based both on the free provision of services and the protection of workers. This will, above all, lead to any other revision of the directive requiring the formal consultation of social partners.
Among the other proposed amendments are: - the addition of conditions for collective accommodation within the hard-core of social rights of the host countries; - a new paragraph on the fight against mass postings through temporary job agencies, in an effort to ensure that all “remuneration” is paid; - reference to the need to mention the elements of remuneration by the party issuing the order to the subcontractor before conclusion of the contract.
Highlighting the facts that it is the member states that remain responsible for defining remuneration, and for setting out the principle of compensation when an element of remuneration is obligatory both in the country of origin and of destination of the posted worker, are the two elements that can be seen as a concession to those opposing the revision. (Original version in French by Jan Kordys)