Belgium, Denmark, Germany, Italy, Latvia, Luxembourg, and the Netherlands have sent the European Commission their expectations regarding the “genuine and fair posting of third-country nationals (TCNs)”.
In a position paper entitled ‘EU policy priorities for the Commission period 2024–2029’ that was presented by the Financial Times on 2 October and was seen by Agence Europe, these seven countries invite “the European Commission to present an initiative for a clear legal framework on the posting of TCNs that would clarify under which conditions TCNs can be posted, [...] that includes guarantees for safeguarding of their rights together with strengthening their position to invoke their rights, and [that] provides for effective control and enforcement measures.”
They add that legal clarity contributes to ensuring businesses are competing on a level playing field, helps combat social dumping, and protects third-country nationals from abuse and exploitation while protecting the competitiveness of the single market. “Measures to ensure the temporary nature of postings could also contribute to reducing the phenomenon of ‘brain drain’ and prevent poaching of workers in the host country”.
In its Fair Mobility Package (expected in the second quarter of 2026), the European Commission is supposed to strengthen the mandate of the European Labour Authority (ELA) and its inspections with Member States, including those regarding posted work from third countries. The European Commission has not yet indicated whether any specific legal action would concern posted workers who are third-country nationals. Nevertheless, it has not, at this stage, ruled out the possibility of revisiting the Posting of Workers Directive—which has shortcomings, according to European Commission Executive Vice-President Roxana Mînzatu (see EUROPE 13712/1).
These countries explain that beyond its advantages, labour mobility also brings challenges—this based on the ‘Letta’ report, which observed that free movement can be used to undermine or circumvent existing labour standards and regulations in order to gain a competitive advantage over bona fide companies. Posted third-country nationals (TCNs) are a vulnerable group that is at increased risk of unfair, unhealthy, and dangerous working conditions.
These countries are thus calling for the ‘Mobility’ Package’s ambitions to be translated into concrete actions. “Therefore, we call upon the European Commission to come up with a concrete proposal to clarify the legal framework on the posting of TCNs”. “A new directive would go hand in hand with increased focus on cross-border enforcement (cooperation), supported by, inter alia, ELA.”
Link to the position paper: https://aeur.eu/f/ir3 (Original version in French by Solenn Paulic)