On Thursday 22 May, the EU ministers responsible for competitiveness will be asked to approve the draft public interface connected to the internal market information system for the declaration of the posting of workers (see EUROPE 13640/21). On 20 May, the members of the European Parliament’s Committee on Employment and Social Affairs will examine the draft report by Johan Danielsson (S&D, Swedish), co-managed with the Committee on the Internal Market and Consumer Protection.
In their draft report, Johan Danielsson and Andreas Schwab (EPP, German) maintain the voluntary nature of the system, but stress the fluid nature of this tool and the fight against fraud.
“Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the electronic public interface. The choice to request fewer elements contained in the standard form should be possible to apply generally for service providers posting to a Member State or limited to posting declarations in specific economic sectors”.
Logic would also dictate that as many member countries as possible should participate.
“A single eDeclaration portal for posting workers in the Union will only achieve its full potential in deepening the internal market, strengthening the competitiveness of Union undertakings and ensuring effective administrative cooperation for protecting workers’ rights and eradicating fraud and undeclared postings if as many Member States as possible participate in it. It should be envisaged that, a single system for declaring posted workers which is applicable in all Member States is to be developed in the long term in order to enhance efficiency and the protection of posted workers and to ensure the efficient functioning of the internal market”.
The European Parliament is also proposing to keep information from posting declarations in the public interface so that it can be re-used for subsequent postings for a period of 10 years, compared with 36 months in the initial text.
In many Member States, the social partners and other bodies and organisations, including local, regional and national authorities, play a role in monitoring compliance with the posting rules. In accordance with national law and practice, in order to verify compliance with the rules on posting, the national competent authorities should therefore be allowed to make the relevant information shared via IMI available to the national social partners and bodies acting on their behalf, as well as to other actors exercising a supervisory function, including local, regional and national authorities, the draft report also states.
Link to the report: https://aeur.eu/f/gv8 (Original version in French by Solenn Paulic)