The European Commission has published today its Implementation Report on the Enforcement Directive on posting of workers, as well as a practical guidance on the rules regulating posting.
‘’We would like to thank the European Commission for the consultation and the discussions with social partners before the publication of those documents”, declared Per Hilmersson, ETUC Deputy General Secretary. “At the same time, the timing in the publication of the guidance is unfortunate, since the transposition of the revised Directive on Posting of Workers is still ongoing and the subgroup established to support Member States in the transposition has not yet finished its work”.
The situation with regard to posting of workers and labour mobility has seen important improvements in the last years, including the positive revision of the Posting of Workers Directive and the establishment of the European Labour Authority (ELA). The revised Directive – if correctly transposed – will ensure better conditions for posted workers and the respect of the principle of equal treatment on remuneration. The ELA constitutes a positive step forward in the fight against abuses and for the correct implementation and enforcement of existing rules.
“Against this background, the report on the Enforcement Directive published today by the Commission does not provide a clear roadmap to solve the outstanding shortcomings in the enforcement of the rules highlighted by trade unions. In addition, the guidance document on posting is not clear enough on important elements of the revised directive and does not fully reflect the spirit of the revision to ensure improvements in the protection of posted workers.
The ETUC will continue to work with its affiliates to ensure the proper transposition of the revised Posting of Workers Directive in all Member States, including the respect of the principle of equal treatment with regard to remuneration and the obligation for employers to reimburse posted workers for their travel, board and lodging costs in all cases”, concluded Per Hilmersson.