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EESC opinion: Posting of workers

19 Sep 2012
Adopted References: CESE 1387/2012 - SOC/460 Referral - COM(2012) 131 final - 2012/0061 (COD) Rapporteur: Janson (Workers - GR II / Sweden) Plenary Session: 483 - 18 Sep 2012 - 19 Sep 2012 (Summary Plenary Session) OJ C 351, 15.11.2012, p. 61-64

Proposal for a Directive of the European Parliament and of the Council on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services

 

Key points

The Commission proposal aims at strengthening the rules on posting of workers and is a response to the debate following four EU Court of Justice judgments about the balance between social rights and economic freedoms.

The Committee:

  • has on several occasions called for strengthening of the rules regarding posting of workers and welcomes the aims of the Commission's proposal for an enforcement directive, while stressing the importance of guaranteeing the protection of posted workers, respecting the various labour market models in the Member States and discouraging social dumping and unfair competition. 
  • welcomes the intention to enforce the existing directive, as the original Directive plays a key role in promoting a climate of fair competition between all service providers in the EU by guaranteeing both a level playing-field and legal certainty for service providers, service recipients, and workers posted for the provision of services.
  • finds it important for the proposal to guarantee protection for posted workers and respect the autonomy of the social partners and the role played by them in Member States' different labour market models.
  • finds the proposal on joint and several liability in subcontracting situations to be a crucial point in the proposed directive. The EESC strongly recommends Member States that do not have such systems to introduce them after consultation with the social partners.
  • encourages the Commission, together with the social partners, to provide a more precise definition of due diligence, as has been done in some Member States. The EESC understands the concept of due diligence to mean, without prejudice to the social dialogue at the national level, that companies that perform adequate checks and controls of subcontractors should not be held liable.