Posting of Workers: An Introduction

Posting of Workers: An Introduction

Definition and Overview

  • Posting of workers: A unique intra-EU phenomenon where an employee is sent by their employer to carry out a service in another EU Member State on a temporary basis.

  • Common scenario: A service provider wins a contract in another country and sends employees to fulfill it.

  • Most prevalent in the building and infrastructural sector.

    • Example: A construction company from Portugal posts workers to build a railway in southern France (Roche Portuguese case).

  • Roche Portuguese case: Established the legal entitlement of employers to post workers temporarily to other EU member states for service contracts.

Distinction from EU Mobile Workers

  • Posted workers:

    • Remain in the host state temporarily.

    • Do not integrate into the host country's labor market.

  • EU mobile citizens:

    • Move to another Member State to seek work and are employed there.

    • Entitled to equal treatment with national workers regarding employment, working conditions, and social and tax conditions.

Key Characteristics of Posting

  • Companies are in control; they send workers to fulfill service contracts.

  • Workers have a passive role; posting is not about individuals seeking work and integrating into the host country's labor market.

  • Posted workers are not entitled to full equal treatment like EU mobile workers but must be guaranteed minimum standards (wage, holidays, rest periods).

Legal Complexity and Relevant EU Law

  • Posting of workers involves complex legal and political issues.

  • It sits at the intersection of multiple legal areas:

    1. Internal market freedoms

    2. Private international law

    3. Posting of Workers' Directive (PWD)

    4. Coordination of social security systems

    5. Sector-specific regulations (e.g., road transport)

  • National laws also play a role (tax laws, etc.).

  • Sectoral social dialogue (trade unions and employer associations).

  • EU public procurement rules.

Focus on the Posting of Workers' Directive (PWD)

  • The video series will focus on the Posting of Workers' Directive (PWD), its enforcement directive, and the revised posting directive.

  • These instruments define the labor standards for posted workers in the host Member State.

  • Directives require implementation by national law before they have direct effect (unlike regulations).

Legal Evolution

  • 1996: Posting Directive adopted (came into force shortly after).

  • 2014: Enforcement Directive adopted.

  • Mid-2016: Enforcement Directive came into force.

  • Spring 2016: Proposal for a revised posting directive launched.

  • June 28, 2018: Revised directive adopted.

  • Mid-2020: Revised directive enters into force.

Topics to be Covered

  • Political background and aims of the posting directive.

  • Material scope: Which labor standards must be guaranteed in the host state.

  • Formal scope (personal scope): Which posting situations are covered by the directive.

  • Monitoring and enforcement of the directive.

  • Application of the posting directive in the road transport sector.

Summary

  • Posting of workers involves sending workers temporarily to another Member State to fulfill service contracts.

  • Labor standards are governed by national laws implementing the Posting Directive and its Enforcement Directive.

  • The revised directive becomes applicable from July 30, 2020.

  • Understanding the Posting of Workers' Directive requires understanding the political issues and objectives behind it.