On September 13, 2024, the European Commission hosted a meeting with European cross-sectoral and sectoral social partners to discuss the Implementation and Application of Directive (EU) 2018/957 on the posting of workers. This directive, which regulates the terms of employment for workers temporarily posted abroad within the EU, aims to ensure fairness for both employees and employers across Member States. EBC attended as part of a delegation set up by SMEunited, alongside UETR from the transport sector and the German chamber ZDH.
The meeting began with a welcome address by Raymond Maes, Adviser for digitalisation of social security coordination at the Directorate-General for Employment, Social Affairs, and Inclusion (DG EMPL). Following this, Carita Rammus and Vanessa Villarroya from the DG EMPL’s Labour Mobility team presented the Commission’s report on the directive’s application and implementation. Their presentation detailed the main findings, highlighting how the directive had been implemented across different EU Member States and identifying key areas for improvement.
While the transposition of Directive (EU) 2018/957 by all Member States has led to improvements in the working conditions of posted workers according to the EC, the Commission has identified certain areas where national legislation does not fully align with the directive’s requirements. These include issues around double or chain posting, long-term posting, and the enforcement of posting allowances.
A key challenge noted in the report is the difficulty employers face in determining the correct remuneration for posted workers, which includes all mandatory elements. To improve transparency and compliance, the European Labour Authority (ELA), in cooperation with Member States and social partners, was invited to develop a tool to help calculate remuneration. Additionally, the Commission highlighted concerns about accommodation conditions for posted workers, suggesting that national inspection authorities and social partners further work with ELA to raise awareness about workers’ rights to decent accommodation and enforce penalties where these rights are violated.
The Commission also expressed concerns about the practical application of the directive for posted temporary agency workers. ELA could enhance cross-border cooperation and enforcement, while social partners could support labour inspectorates in ensuring compliance. The Commission also encouraged Member States to review their legislation, particularly regarding subcontracting liability and posting allowances. Overall, the Commission does not see a need to amend the directive but will continue collaborating with Member States to improve enforcement and transparency of posting rules.
Afterwards, social partners provided their perspectives. Both trade unions and employers’ representatives offered input on topics such as worker protection, fair wages, working conditions, regulatory burdens, legal clarity, and the impact on small and medium-sized enterprises.
During the meeting, Fernando Sigchos Jiménez, Secretary General of EBC, raised key issues faced by micro and small construction companies. He stressed that the already complex legal framework covering posting in construction is made even more difficult when temporary agencies are involved. He called for clearer, more accessible guidance from the EU to protect small firms, which often lack the resources to navigate these intricate legal frameworks. He also pointed out the decision not to revise Regulation EC 883/2004 as a missed opportunity to strengthen the fight against fraud, social dumping, and abuses related to posting and undeclared work. Revising this regulation could have supported the effective implementation of the Posting of Workers Directive.
Additionally, he emphasized the necessity of maintaining prior notification processes for postings to prevent fraudulent practices. He highlighted the importance of cooperation between social partners, labour inspectorates, and the European Labour Authority (ELA) to ensure fair competition and compliance, particularly regarding subcontracting in public contracts.
A broader dialogue about the challenges and opportunities associated with the directive took place, aiming to further identify actionable steps to improve cross-border labour mobility while safeguarding fair conditions for all parties involved.
EBC remains committed to representing the interests of small construction companies, advocating for fair competitiveness and proper enforcement of labour mobility rules. Without robust enforcement, these rules remain vulnerable.
| To access the European Commission’s report on the application and implementation of Directive (EU) 2018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of service, click here. |