The co-legislators found themselves around the negotiating table again on Monday, 19 March to discuss for what was supposed to be the last time, the directive on “posted workers”. Talks were expected to focus on the preambles in the text, as well as on the obligation of paying reimbursement allowances.
Several member states in Eastern Europe expressed their discontent about the provisional agreement reached at the beginning of the month. Several points in the agreement are causing delegations in central and eastern Europe some concern, particularly the two-year transposition period, which they consider too short, as well as the synchronisation clause and the lex specialis for international road transport and the definition on non-genuine posted workers (see EUROPE 11983).
In this regard, certain member states, such as the Czech Republic, to begin with, expressed strong misgivings about the introduction of an obligation to provide reimbursement allowances. It should be recalled that Parliament and the Bulgarian Presidency agreed on including reimbursement allowances, in addition to daily allowances (see EUROPE 11972).
We have been informed that the Bulgarian Presidency of the Council of the EU received the support of the majority of member states on the common approach (see EUROPE 11983) and is not expected to re-open these eminently political points. The question of reimbursement allowances, however, was bringing tension to a crescendo in the corridors of the Council.
The negotiators are also expected to examine the preambles, particularly preamble 7a on checking the compliance conditions for accommodating posted workers on the basis of national provisions and preamble 12 a on the concept of “remuneration” as put forward in the general approach of the Employment and Social Policy Council of October 2017 (see EUROPE 11890, 11889). (Original version in French by Pascal Hansens)