In the midst of the COVID-19 crisis, both Member States and companies need to prepare themselves in order to be able to adhere to the rules as laid down by the revised Posting Directive.
The priorities for Member States have shifted. While reorganising nearly every aspect of their societies, adopting and publishing administrative provisions, to comply with the Directive have not been their priority.
As the applicable rules on e.g. employment conditions differ between Member States, it is difficult to imagine how companies will be in a position to properly apply the rules if there is no or difficult access to information.
Will all Member States have the necessary information on the applicable rules available on their single official national websites by the end of July 2020? Both in their national languages and in English? Is this crucial information to determine which collective agreements will be applicable, which remuneration elements the worker is entitled to, up to date?
Companies, big and small, shifted their focus too. It is about their own economic survival and dealing with the devastating consequences the corona crisis has on production in global supply and value chains. By staying afloat, companies do their part in keeping jobs in Europe.
Not complicating a complex situation
Mind that no one, neither Member States nor employers, have resources to spare. Therefore, simplifying can significantly speed up the process.
If all 27 EU Member States would use the same template for their single official national website, companies, workers and inspectors would find the required information easily.
The European Labour Authority should support the streamlining of the national websites as regards structure, content and easy access to all necessary information.
Without single official national websites being operational prior to 30 July 2020 or not providing accurate and qualitative information on the applicable employment conditions, businesses simply cannot comply. By consequence, companies should not be sanctioned for the involuntary non-compliance. It is not sufficient that circumstances are taken into account when determining penalties on undertakings.
Therefore, Ceemet urges Member States to use the remaining time and move swiftly ahead and ensure all relevant and necessary information is available for companies before the deadline of 30 July.