2016 Position on review of Posting of Workers Directive

The Commission has stated that the proposed revision to the Posting of Workers Directive (96/71/EC) intends to “address unfair practices and promote the principle that the same work at the same place should be remunerated in the same manner.” However, Ceemet believes that there are existing opportunities for improving the implementation and enforcement of the Posting Directive that do not require any revision, particularly one as substantial as that proposed on 8 March 2016. Instead, the proposed revisions will create unintended barriers to the free movement of services. They would hinder, not promote labour mobility across the EU.

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Ceemet key messages

  • The priority must be on implementing the Enforcement Directive first and improving enforcement of the current directive;
  • The proposals will restrict the cross border movement of workers to their detriment and do not conform to established better regulation principles;
  • The Commission’s proposal is in conflict with existing law and would harm small businesses in particular;
  • Attempts to interfere with wage setting mechanisms are protectionist and unlawful.

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