On Thursday 15 July, the European Commission opened an infringement proceeding against 24 Member States for not complying with all or part of the provisions of the Directive on the implementation of the posted workers’ rights (Directive 2014/67/EU).
The institution, which is the guardian of the European Treaties, sent a letter of formal notice to Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Romania, Slovenia, Slovakia, and Finland.
As a reminder, this directive (see EUROPE 11062/11) seeks to strengthen the practical application of the rules on the posting of workers, particularly to combat fraud and circumvention. In particular, it sets out administrative requirements and control measures and aims to combat any adverse treatment (e.g. in the event of legal or administrative action). It also protects posted workers in subcontracting situations. Finally, it obliges Member States to put in place effective and dissuasive sanctions.
The news was welcomed by The Left group in the European Parliament, which recalled in a press release the numerous cases of abuse in the construction and agriculture sectors, recalling that last month in Belgium alone, five workers died in the construction of a school. All were “mobile” workers.
“We urge the Commission and Member States to strengthen enforcement by introducing a prior notification and a European Personal Labour Card to make sure that labour inspectors can verify that all posted workers are protected properly according to their entitlements”, said Nikolaj Villumsen (The Left, Denmark). (Original version in French by Pascal Hansens)