On Wednesday 12 March, European employers in the construction sector, as well as in the chemicals industry and representatives of chambers of commerce, reiterated their position on prior notification of the posting of workers and the digitalisation of social security, at a time when the Member States are due to meet again at the Committee of Permanent Representatives on 19 March to discuss the reform of Regulation 883/2004 on the coordination of social security schemes.
BusinessEurope, Eurocommerce, ceemet and FIEC are calling on legislators to conclude this legislative process, which began in 2016.
“The alternative is the prospect of the withdrawal of the proposal, which would set Europe back a number of years and fail to provide much needed clarity to European employers on this vital issue”.
In February, during the preparation of the Commission’s 2025 work programme, the text was saved at the last minute.
“A modern and simplified regulation [...] can reduce the red tape experienced by companies, enhance mobility and contribute to the European Commission’s burden reduction target”. Since the initial proposal for revision, worker mobility situations have become more complex, with new forms and dynamics of mobility, explain the signatories.
Companies need legal certainty to deal with these new forms of mobility. With regard to the principle of prior notification, these bodies continue to consider that “there is a need for all sides participating in the negotiations to find an agreement on an exemption from prior notification for business trips and short-duration postings (up to 3 days), except for the construction sector”.
“Hand in hand with this, we see a key role for a more digitalised approach in cases where prior notification is needed, notably in relation to postings [such as business travel or short-term postings of up to three days]. For instance, European employers would support a system whereby a notification request is acknowledged through an automated confirmation of receipt, which is received without any time delay and which is considered as valid proof of prior notification if proof of this would be required during the course of a posting assignment”.
At EU Council level, a working group was organised on 30 January, opening the door to potential compromises following France's change of position on the construction sector exemption (see EUROPE 13570/15). France is also said to be in the process of rallying several countries to speak out again on this issue, which it wants to see brought to a successful conclusion.
On the European Parliament side, the rapporteurs could meet again after the Coreper meeting if progress is deemed sufficient.
The Polish Presidency of the EU Council is said to be in close contact with the European Parliament rapporteur, Gabrielle Bischoff (S&D, German), but sources have already noted that it would seem surprising if the European Parliament were to side with the new French position on exemptions from prior notification for postings of less than three days in the construction sector.
Link to the letter: https://aeur.eu/f/fwv (Original version in French by Solenn Paulic)