Posting of workers: A breakthrough after all

On October 24, the Employment and Social Affairs Ministers of the Member States adopted a general approach regarding the revision of the Posting of Workers Directive. Among others, and differing from the views of the European Parliament, the Councils advocates an exclusion of the transport sector and remuneration standards of main contractors to subcontractors from the directive. While confirming the inclusion of temporary agency workers who shall be paid in accordance with the laws and practices of the host Member States, the ministers remained largely silent on a broad application of collective agreements as a basis for remuneration rules for posted workers. However, despite having expected more, CESI Secretary General Klaus Heeger expressed a cautious optimism with the decision of the Council:

„Even if not all the demands raised by trade unions have been fulfilled, we are, by the end of the day, slowly moving towards the realisation of the notion of a ‘same pay for the same work at the same place’ and the reduction of inequalities within the Single Market. We got a little closer to our general aim to set social rights on equal footing with the markets freedoms.”

As the European Parliament agreed previously on a more ambitious negotiations position, it will now be up to the MEPs to hold their position firmly within the upcoming informal trilogues.”