Magazine article European Social Policy

Posting of Workers : Clarifications and Better Enforcement Needed

Magazine article European Social Policy

Posting of Workers : Clarifications and Better Enforcement Needed

Article excerpt

Members of the European Parliament are worried that the Posting of Workers Directive (96/71/EC) is not being implemented properly in some member states and is therefore failing to achieve its aims. They call for urgent actions by the Commission and the member states to change this situation. So far, however, they are not asking for changes in the directive.

The directive applies to companies which send employees to work temporarily in a member state other than the one whose laws are employed. It seeks to guarantee the free movement of persons and services while ensuring that posted employees benefit from certain minimum protective provisions of the member state in which they are working.

In the own-initiative report by Elisabeth Schroedter (Greens-EFA, Germany), adopted on 25 October (with 295:72:20 votes), MEPs stress that there is not necessarily a contradiction between the freedom to provide services and the upholding of fair competition on the one hand and ensuring workers' protection on the other. They say that many difficulties result from differences of interpretation of certain key concepts, the fact that many workers are unaware of their rights under the directive and the difficulty for the host member state to monitor compliance with the directive due, amongst others, to a lack of information flow between the two member states concerned.

The report says the solution includes better information flow and simple procedures that enable people to know their rights. …

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