Posting of workers: enhancing administrative cooperation and access to information in the Baltic region

Prepared by Daiva Kvedaraitė,

Lithuanian Trade Union “Solidarumas”, member of the EESC

Resolution

The participants of the international conference “Posting of workers: the problems, practice, and perspectives” that took place on 19-20th of February, 2015, in Vilnius, as the final event of the project “Posting of workers: enhancing administrative cooperation and access to information in Baltic region” (No. VS/2014/00112014), implemented by Lithuanian Trade Union “Solidarumas”, from Lithuania, Latvia, Estonia, and Poland, representing the trade unions, state labour inspectorates, business and non-governmental organizations, are positive in assessing four freedoms of the EU single market, i.e., the free movement of people, goods, services and capital, however, the economic freedoms should not dominate over the social rights. The conference participants stated that under free movement of people, goods, services and capital, it is essential to harmonize the legal regulation, it is necessary to promote cooperation among social partners and administrative authorities of the countries, to organize national and international training for both future labour market participants and for people, who are responsible for surveillance and control, i.e., for representatives of labour inspectorates and social partners.

The following was stated by conference participants:

• although there is certain legal regulation (Directive 96/71 EC of the European Parliament and of the Council concerning the posting of workers in the framework of the provision of services, Directive 2014/67/EU of the European Parliament and of the Council on the enforcement of Directive concerning the posting of workers in the framework of the provision of services), the employers and workers lack information on EU directives, national legal acts, collective agreements of social partners, and other legal acts. Collective agreements of social partners are not applicable for self-employed persons;
• it is necessary to clearly define the concept of posted worker as it is difficult to identify which workers are posted, and which ones are just working in the other country, there is no precise definition of a posted worker;
• it is necessary to clearly define the method of calculation of minimum wage, and to agree on calculation of minimum wage for posted workers at international level; currently, some countries consider the daily allowance as a part of the wage, while others – do not. In the countries, where daily allowance is considered as a part of the wage, the workers and social budgets of the countries suffer, since daily allowance is not subject to taxes;

Long distance drivers:

• the problems of the long distance drivers of the so-called Eastern and Central European countries are common, they are forced to work non-stop, they are paid not for working hours, but for the mileage; minimum monthly wage is usually paid, which is compensated by daily allowance, no workplace psychological risk assessment is performed, although the drivers must spend nights in vehicle cabins, including being constantly responsible for the transported goods;
• the employer should ensure the protection of the vehicle and cargo, while commercial director must control the driver’s agenda, his work and rest regime;
• clearer regulation of work and rest regime is needed;
• legislation must guarantee the right of workers to information and consultation, participation of workers in company management, income generation and profit distribution.

The participants of the conference emphasized the following:

• The need to develop the idea of socially responsible business, which would help in reducing the shadow economy, social dumping in the EU countries;
• To develop the organization of employees in construction and transport sectors not only at national, but also at international level;
• To pay more attention on internal mobility of workers, i.e., on mobility within the countries, as it would help to increase employment, reduce social exclusion, and reach for EU 2020 targets;
• To organize trainings on labour law and integration to labour market;
• To establish information points for direct information and consultation of workers at the border;