Brussels, 14/09/2006 (Agence Europe) - On 11 September, the EP employment and social affairs committee approved the own initiative report by German Green MEP Elisabeth Schroedter (28 votes for, 13 against and 1 abstention) on the implementation of directive 96/71/EC on the posting of workers, and called on the Commission to act urgently to have this directive better applied and ensure it better meets its aims of guaranteeing the free movement of workers and services while ensuring that posted workers receive the same level of protection as workers in the Member State where they are working.
The report emphasises: - the freedom to provide services is not at odds with fair competition conditions or worker protection; - numerous difficulties arise from varying interpretations of key concepts, because many workers are not aware of their rights under the terms of the directive and because the host countries often have difficulty in checking whether their situation is in line with the directive (largely because of poor exchange of information between the Member States). MEPs say the solution lies in more information and simpler procedures allowing the people concerned to learn their rights. The Commission, they say, ought actively to support these measures to make cooperation between Member States more efficient, and especially to avoid unfair competition and social dumping. MEPs also welcome the Commission initiative setting out guidelines on the interpretation of Court of Justice case law on the posting of workers, but, at the same time, they express concern that, in certain cases, the Commission had gone beyond the judgment given by the Court.
Another problem is “bogus self-employed persons” and sub-contracting. One of the ways to get round the minimum standards of the directive consists of using “bogus self-employed workers”, say MEPs. They feel this directive is not the best instrument for dealing with problems related to the liberal professions. Therefore, they call on the Commission to begin a dialogue with Member States to ensure transparency and uniformity in setting criteria to determine the status of self-employed workers. And they call on the Commission to block the existing loopholes, principally on legal responsibility, with regard to sub-contracting and outsourcing of cross-border workers.
“Today's vote … sends a strong message to the Commission on the need to ensure employment rights in each Member State can be guaranteed for all workers, including those posted to work there from another Member State,” said Ms Schroedter. In the context of the “services” directive, she welcomed the fact that a “large majority, from across the political spectrum in the parliament, has now indicated its opposition to this weakening of existing rules on posting of workers”. Reacting to the vote, the British Labour MEP Stephen Hughes said, “Workers are being ruthlessly exploited by their employers in a number of member states. Their rights under the existing EU directive are swept aside and they are working for less money and in worse conditions than they should be. Today's committee report is meant to reverse this situation”. Regretting that “the vast majority of EPP members voted against the report”, Mr Hughes pointed out in a press release that the situation was particularly bad in the construction sector and that, in parts of the United Kingdom, engineering sector staff were also being exploited. Begian Socialist MEP (and shadow rapporteur on this issue) Anne van Lancker called on the Commission urgently to clarify the existing rules to prevent the legislation being circumvented and stressed the need for “labour inspection teams in all member states to work much more closely to enforce the rules”.