Brussels, 12/07/2007 (Agence Europe) - In a resolution adopted by the European Parliament in Strasbourg on Wednesday on problems with implementing the worker secondment directive (see EUROPE 9445), the EP says that the Commission sometimes goes beyond Court of Justice case law and the EP asks the Commission to respect the fact that some member states require 'the presence of a posting company legal representative in order to fulfil legal requirements in the host member state' and 'the keeping of documents at the workplace to control compliance with the directive.' The resolution follows an oral question to Commissioner Vladimir Spidla by Jan Andersson MEP (PES, Sweden), asking what measures the Commission was planning to take to remedy the shortcomings in implementation of the directive.
Addressing the plenary, Jan Andersson said the Commission only criticises member states which have taken control measures to ensure the correct implementation of the worker secondment directive, and he went on to say that the Commission ignores the problems inherent in the absence of such measures which often give rise to worse working conditions. In its resolution, the EP urges the Commission to respect the practice of having a permanent representative in the host member state and the compulsory keeping of certain welfare documents in the host country, since this would allow member states to implement and directly control the worker secondment directive as long as the designated person has been given specific instructions by the company to protect the rights of seconded workers. MEPs feel that such control measures should, however, be strictly proportionate and not be used as hidden obstacles to the right of workers to free circulation. A precondition for successful implementation of the directive is resolution of the problem of failure to properly cooperate, and lack of sufficient information exchange among the member states, the MEPs point out.
Reacting to the criticisms, Commissioner Vladmir Spidla said that assessment would have to be made on a case-by-case basis of whether national obligations to keep social documents in the host country and the obligation to have a permanent representative at the place where the seconded worker is sent were justified and proportionate. He pointed out that in the last resort, it was for the European Court of Justice to decide on the suitability of any national measure, not the Commission or the Parliament. (gb)