Call on the postponement of application of revised posting rules

12 organisations called to postpone the date of applicability of the revised posting rules

12 organisations from Poland, Germany, France, Netherlands and Spain representing various sectors have called on the European Parliament, European Commission and the Croatian Presidency of the Council of the EU to postpone the date of applicability of the revised rules on posting of workers by a year – till 30th July 2021. The organisations are:

  • Labour Mobility Initiative
  • Confederation Lewiatan
  • Verband für häusliche Betreuung und Pflege e.V. (VHBP)
  • The Polish HR Forum
  • The Nationwide Convent of Employment Agencies
  • Nationwide Federation of Enterpreneurs and Employers
  • Corporation of Construction Enterpreneurs UNI-BUD
  • Chambre de Commerce et d’Industrie Polonaise en France
  • Polnische Wirtschaftskammer in Deutschland e.V.
  • Polish Chamber of Commerce in the Netherlands
  • Spanish-Polish Chamber of Commerce
  • PolChambers – Polish Chambers of Commerce Abroad

The initiative to postpone the date is due to the belief that both EU countries and businesses will not be ready for new posting rules as a result of the Covid-19 pandemic.

Covid-19 pandemic vs. legal changes

Due to Covid-19 pandemic neither the governments, nor the companies or the workers will be ready for the new legal reality after 30 July 2020. The date of applicability of new posting rules was set almost two years ago (on 30th July 2020), however changing the rules of game during a period where companies will fight for survival and try to protect workers from unemployment does not seem to be a good anti-crisis measure.

Hundreds of contracts in various sectors of services have been suspended or terminated. Restrictions on crossing the internal borders, combined with the preventive two weeks quarantine and with limited transport of persons, especially by air, have led to stagnation of cross-border services. These days, posting of workers is extremelly difficult, if not impossible at all.

EU countries are busy with combatting the outbreak of Covid-19 and designing interim safety restrictions and financial support measures for the economy. Their ability on implementing the revised posting of workers directive before July 30th 2020 is unlikely, not to mention the publication in advance of new rules and information on remuneration as well as employment conditions on the single official national website, to give time for companies to prepare.

Taking the above into consideration, it is justified to consider postponing the date of applicability of the revised posting rules. This is in the interest of EU workers, employers and governments.