LMI Report on the PWD revision proposal

Labour Mobility Initiative is deeply concerned with the European Commission revision proposal of Posting of Workers Directive and its Impact Assessment – we are concerned with both: the motives behind the proposal and the solutions it provides.

An in-depth analysis of the proposal and its Impact Assessment brings bothersome conclusions about expected effects of the revision for the entire EU Internal Market.

LMI from the very beginning was participating actively in the european discussion on the planned amendment of the PWD within the so-called Mobility Package, presented by Commissioner for Employment, Social Affairs, Skills and Labour Mobility, Marianne Thyssen on March, 8th.

As a non-governmental organization, banding together represantatives from academic, business and legal field, in this matter, we are able to share our expertise in both: practical and theoretical aspect.

Our report, published on April, 18th, gives a deep analasis of the Commission proposal and its Impact Assessment. We are deeply concerned with the motives of the proposal and with its legal provisions. The expected results, presented at the Impact Assessment document, seem to jeopardise the entire EU Internal Market and the freedom to provide services.

In our opinion, the proposal aims the wrong target, is based on assumptions and facts-opposing stereotypes, acts against the declared goals, will bring opposite effects to the posted workers themselves and last but not least- it acts in breach of the EU and international law, especially it disrespects the principles of proportionality and subsidiarity.

“Fact-opposing stereotypes and incomplete data” should not be the basis for a legislative initiative which leads to exclusion of thousands of employers and job loss of hundreds of thousands of theis employees.” – Stefan Schwarz, LMI President comments.

18th of June in the deadline for implementation of the so-called Enforcement Directive, which brings new tools for the efficient protection of the posted workers’ rights and better communication between the Member States’ authorities.

Hereby, we are willing to present our Report with a detailed analysis of the Commission revision proposal of the Posting of Workers Directive and its Impact Assessment.

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MZ