Summary of the opinion by the JURI Committee on the revision of the Posting of workers Directive

Below we present a short summary of the Opinion concerning revision of the Directive on Posting of workers, prepared by JURI Committee (Legal Affairs). Its rapporteur is Jean-Marie Cavada – French deputy, MEP of the ALDE. JURI is a Committee subsidiary to EMPL Committee, however due to the subject their opinion may be significant.

Opinion KEY points:  

  • ​limiting the posting of workers period up to 18 months;
  • indicating by employer that posted worker has “adequate length of service with the undertaking posting him or her”  “when situation concerns posting of workers in more than 2 domestic legal orders the employment conditions shall be those applicable in the host Member State in which the service is performed” (with principle of favourability, but with no link to the time of posting);
  • requirement for posting companies to prove that they generate “sufficiently reasonable share of their turnover” in registered office country;
  • elements of remuneration include specifically minimum wages, all bonuses and benefits’ explaining term “the same task at the same place” – it should take into account nature of service, work to be conducted, place or places where the work is performed;
  • hiring in and out of workers by temporary work agencies in a Member State of which the worker is a citizen  is not considered as “posting” within the meaning of Directive;
  • unclear provision that subcontractors are obliged to provide main contractors informations concerning “real nature” of posting;
  • ‘social protection of workers in the construction industry’ as justifying of changes in the Directive;
  • enhancement of coordination of labour inspection;

Prepared by Marcin Kiełbasa, legal advisor at LMI 

Photos: http://audiovisual.europarl.europa.eu/ 

Labour Mobility Initiative 

​​​​Labour Mobility Initiative is Europe’s largest think tank dealing with work mobility and posting of workers. Since 2013 it has been bringing together scholars, enterpreneurs, trade unions and public administration to create the only Polish and the largest European substantive forum for exchanging knowledge on the posting of workers in the framework of freedom to provide services  more>>>​​