MEP Danuta Jazłowiecka, member of the EMPL Committee filed amendments to the draft revision proposal of the Posting of workers Directive (96/71/WE).
Madame Jazłowiecka from the beginning is actively participating in the works on the European Commission’s proposal regarding the revision mentioned. She has consulted on the topic with workers and employers. On January, 31st, she hosted the Think Tank Conference in the European Parliament in Brussels. These initiatives aimed for a better recognition of the problems of firms and workers. Moreover, the recognition of research results and of experts’ opinions in the context of the planned PWD revision.
The project announced by the Commission, from the beginning brings a lot of controversia and opposition. First, there was lack of public consultations and basing on perceptions and assumptions not grounded in the hard data. Also, the proposal was introduced in a hurry. There was no regard to the implementation of the Enforcement Directive (2014/67/UE) to the national legal systems.
Although MEP Jazłowiecka supports rejection of the entire revision project, the current political situation doesn’t allow such scenario. Therefore the MEP has proposed the amendments, which aim to protect the posted workers. However the protection should come without excessively hindering for employers to operate.
Main goals of the MEP Danuta Jazłowiecka’s amendments
- Clarification of the legal consequences for workers posted for over 24 months.
- Opening a debate on fusion of the issue of the posted worker’s “habitual place of work” with the issue of being subject to the social security system within the 883/2004 Regulation.
- Upkeeping the “minimum rates of pay” from the 96/71/WE Directive together with the list of social allowances, which would complement the employer’s benefit obligation to the worker.
- Introducing a provision which would prevent drawing the negative consequences from the employers in case if they paid the entire due amount to the worker but mistaken in the particular calculations, while not knowing precisely the calculation systems of the contributions in the host country.
- Introducing a provision on not doubling the allowances and contributions which posted workers are entitled to in the host and sending country.
- Urgent clarification of which forms of transportare falling under the Posting of Workers Directive and which are not. Furthermore, excluding the international road transport and combined transport from the scope of the Directive.
What happens next with the amendments
Noteworthy, according to the procedure, the next step is to elaborate a compromise between the extreme assumptions on the amendments, filed by particular MEPs. Therefore it will be conducted by the MEPs: Elisabeth Morin-Chartier from France (EPP) and Agnes Jongerius (Netherlands, S&D) – the co-rapporteurs of the Commission’s proposal at the EMPL Committee. They are obliged to take into consideration the opinions of two Committees. JURI legal Committee and IMCO Committee. The deadline for filing the amendments is on 22nd of March. EMPL Committee members will give opinion and vote on the final proposal of the rapporteurs.