Revision of the posting of workers Directive - Justice for workers now depends on MEPs

Agreement late last night by Employment Ministers on the revision of the posting of workers Directive finally triggers negotiations with the European Parliament to finalise the much-needed revision of the Directive.

However, given the disappointing agreement by Employment Ministers, fair rights for posted workers now depends on the negotiating skills and determination of the European Parliament.

The agreement reached by Ministers

  • Excludes road transport workers from the improvements of the revision until an agreement is reached on the Mobility Package for Road Transport
  • Contains insufficient safeguards for the effective payment of allowances
  • Does not include a legal base to make it an instrument for the protection of workers, as opposed to only single market law
  • Fails to recognise many types of collective agreements
  • Allows an unusually long 3 years for transposition of the revised Directive

At least there was agreement which includes equal treatment for temporary agency workers, pay in accordance with host country law and practice, and reduces the length of posting from 24 months to 12 (with 6 months extension).

“Thanks to the efforts of the Estonian Presidency agreement was finally reached,” says Liina Carr, ETUC Confederal Secretary “even though it is a rather disappointing deal. It is now up to the European Parliament to confirm this week a strong negotiating mandate and to lead the fight for a fairer deal for workers in negotiations with Council. I urge MEPs to stand up for working people across Europe.”

“Justice for posted workers matters to all workers, because unfairly exploiting posted workers puts pressure on the wages and conditions of workers everywhere. Equal pay is the only fair outcome.”