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Revízia smernice o vysielaní pracovníkov

Opinion Number: CDR 2881/2016
Rapporteur: RENSTRÖM Yoomi
Commission: SEDEC
Status: Adopted
Date: 07/12/2016
The CoR opinion purports to influence the revision of the Posting of Workers directive. This directive was subjected to a 'yellow card' procedure by 14 national parliaments/chambers from 11 Member States. The European Commission has maintained its legislative proposal and argued that it does not constitute a breach of the subsidiarity principle. The CoR opinion agrees that the changes in the Directive can only be made at EU level.
On 16 October the EMPL committee in the European Parliament adopted its draft report.
On 23 October the Council reached an agreement on its position (general approach).

The Parliament largely followed the Commission's proposal. An important difference is the expansion of the legal basis for the Directive, which the Parliament proposes to extend to also cover the social acquis. The Council has agreed to bring long-term posting down from 24 to 12 months, a position defended by the CoR.

The European Parliament and the Council are now entering the formal negotiations.

- considers it essential to strike a reasonable balance between the free movement of services, on the one hand, and protection for posted workers and against wage and social dumping, on the other, in order to achieve public acceptance for the functioning of the internal market in the EU, particularly among people working in service sectors where posting is and can be expected to be common practice;

- shares the Commission's view that there should be a time limit beyond which the law of the host country must apply in full to a posted worker, but sees no overriding reason why the rules in Regulation No 883/2004 should be used as the basis for setting the time limit beyond which the law of the host country applies in full to employment relationships in posting situations. In the Committee's view, the time limit in the Posting of Workers Directive should be 12 months;

- draws the Commission’s attention to posting situations arising with cascade subcontracting practices, which lead to the dilution of the responsibility of the employer and sometimes to posted workers being abandoned, with no access to assistance or support. A European support fund would allow swift intervention, ensuring that these employees can return to their countries of origin under the best possible conditions. Also suggests setting up a European register placing undertakings that post workers under an obligation in all Member States to declare the posted worker at the latest upon commencement of the provision of services;

- notes that the skills of posted workers are very often deliberately underestimated by the employer so as to justify a lower level of remuneration. This practice is likely to persist as a way of circumventing the equal treatment obligation with regard to pay. The Commission should investigate the establishment of a European directory of occupations and vocational skills in order to remedy this situation and protect the interests of employees without recognised qualifications;

- points out that the changes in the directive can only be made at EU level – it is not possible, under the Treaty rules on the freedom to provide services across borders within the EU and the Rome I Regulation, to regulate at Member State level which employment law conditions are applicable in a posting situation.



Council reaches agreement

The Council reached an agreement on its position (general approach) on the posting of workers directive. With this agreement the Council can start negotiations with the European Parliament.

23 Oct

The EMPL committee in the European Parliament adopted its draft report

The draft report of the Co-Rapporteurs Elisabeth Morin-Chartier (EPP, FR) and Agnes Jongerius (S&D, NL) on "Posting of workers in the framework of the provision of services" with its 523 amendments has been adopted by 32 votes to 8 with 13 abstentions. The full House is expected to vote on this draft mandate to enter into informal negotiations with the Council.

16 Oct

Plenary Session

The opinion was adopted during the Plenary session

07 Dec

SEDEC commission

Adoption of the opinion in the SEDEC commission

19 Sep

European Commission maintains its proposal

The European Commission adopted a Communication re-examining its proposal for a revision of the Posting of Workers Directive in the context of the subsidiarity control mechanism that several national parliaments triggered in May. After careful consideration of their views, the Commission concluded that the proposal for a revision of the Directive does not constitute a breach of the subsidiarity principle.

20 Jul

Stakeholder Consultation

Ms Renstrom held a stakeholder consultation in Brussels

18 May

Yellow Card Procedure

The 'Yellow Card' procedure was triggered after 14 parliamentary chambers in 11 EU countries objected to the Commission's proposal to review the posting of workers directive and sent reasoned opinions claiming that the proposal was in breach of the principle of subsidiarity.

10 May

Appointment of CoR Rapporteur

Ms Yoomi Renstrom was appointed Rapporteur for the CoR opinion

20 Apr


Publication of the CoR Study on "Labour mobility and Local and Regional Authorities: benefits, challenges and solutions"

12 Apr

Pubblication of the European Commission's proposal

The European Commission published its proposal

08 Mar
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