To proposals are designed to bolster the current framework (based on 1996 Directive) which defines a core set of employment conditions which the service provider must comply with in the host member state. However, MEP’s claim the provisions create legal uncertainties and may even hamper the posting of workers within the EU!
The term “worker” in the EU often includes those with contract of service and contract for services as well as other categories of self employed worker. They define “a posted worker” as one who is employed in one EU Member State but sent by his employer on a temporary basis to carry out his work in another Member State.
This category does not include migrant workers to go to another member state to seek work and are employed there but note where an employment agency is involved, the Directive applies and the agency has additional liabilities in respect of the worker.
Broadly, the proposals aim to:
set more ambitious standards to inform workers and companies about their rights and obligations;
establish clear rules for cooperation between national authorities in charge of posting;
provide elements to improve the implementation and monitoring of the notion of posting to avoid the multiplication of “letter-box” companies that use posting as a way to circumvent employment rules;
define the supervisory scope and responsibilities of relevant national authorities;
improve the enforcement of workers’ rights, including the introduction of joint and several liability for the construction sector for the wages of posted workers as well as the handling of complaints.
We will watch this space on the new EC proposal
Read the European Parliament press release here.
Thanks to CaseCheck for picking up on this news release.