According to several sources consulted on Monday 9 October, a comprehensive agreement appeared to have been obtained during the most recent meeting between the rapporteurs on the posted workers directive involving the duration and extension of the legal basis and areas of transport.
A “fragile” agreement appeared to have been obtained between the rapporteurs on Thursday 5 October last, according to the information we have received. This agreement comes at the right time, given that vote on the directive during the employment and social affairs committee (EMPL), planned for 16 October, is fast approaching.
The most striking progress involves the fact that the two co-rapporteurs of the text, Élisabeth Morin-Chartier (EPP, France) and Agnes Jongerius (S&D, Netherlands), reached an agreement on the maximum duration of a posting, which is set for 24 months and therefore complies with the initial European Commission proposal. Political level discussions were particularly heated on the issue right to the very end between the different political groups (see EUROPE 11868).
The extension of the legal basis of the text to article 153 of the Treaty on the Functioning of the European Union (TFEU) has been approved, according to our sources. It should be pointed out that the objectives pursued is to improve the protection of workers by adding this basis to those that already exist, namely articles 53§1 and 62 of the TFEU focusing on the freedom of the provision of services.
Another point in the negotiations involved the agreement between MEPs on maintaining clause 10 on road transport, which stipulates special treatment in sectoral law. Other significant compromises were found involving collective agreements. In this regard, the debate focused on the necessity of applying universal and non-universal agreements, given that the former do not exist in some member states, such as Denmark or are rare in other member states, such as in Germany. The rapporteurs made a decision and proposed that non-universal agreements can be applied to posted workers but only if they are displayed on the single national website of the member state, in accordance with the provisions stipulated by the 2014 implementing directive.
The main political groups therefore agreed on this overall agreement, with the exception of the ENF. Although these compromises are expected to be voted on during the committee, the text will, before being submitted to the plenary, create significant differences on certain points in the proposals put forward by several member states, on the initiative of France and Germany, which called for maximum postings of 12 months and the scrapping of clause10 (see EUROPE 11860).
Debates are making progress at the Council but the Employment and Social Policy Council (EPSCO) on 23 October next where a general approach was expected to be found on the text, is also fast approaching. According to one diplomatic source, negotiations are not advancing quickly enough, which would suggest a general approach at the EPSCO Council in December. (Original version in French by Pascal Hansens)