Posting of drivers in the European transport sector: challenges and opportunities

Background

Directive (EU) 2020/1057 establishes specific rules as regards certain aspects of Directive 96/71/EC relating to the posting of drivers in the road transport sector. The task of analysing work conditions for posted workers is becoming increasingly challenging due to their inherent mobility. The phenomenon of posted workers – employees sent by their employer to carry out a service in another EU Member State on a temporary basis – is particularly prevalent in the European transport sector.

The aim of the opinion is to delve into strategies for solving difficulties in the transport sector, particularly regarding posted workers, through implementation of the existing legislative framework. This focus involves exploring the efficient use of existing mechanisms for evaluating and ensuring workplace protections, such as compliance with the applicable rules on wages and safe conditions, in the context of varying jurisdictions across the EU.

The goal is to better comprehend how to effectively monitor these workers' conditions and provide them with the necessary support, thereby playing a crucial role in tackling non-compliance with the applicable rules in the sector.

Key points

The EESC:

• calls on the European Commission and the European Labour Authority (ELA) to assist the Member States and the road transport sector with coordinated interpretation of the Mobility Package and control methodology;
• highlights that safety considerations, including the prevention of accidents and the protection of drivers and other road users, should be at the forefront of any regulatory and operational decisions;
• invites all Member States and relevant authorities to actively use the Internal Market Information system (IMI);
• encourages the European Commission and Member States to ensure a smooth transition to smart tachograph 2, version 2;
• suggests developing a digital application which would calculate the remuneration of posted drivers in real time;
• urges all public authorities to act decisively to ensure equal treatment on the EU labour market regardless of country of origin.

Additional information

Section: Transport, Energy, Infrastructure and the Information Society (TEN)

Opinion number: TEN/822

Opinion type: Exploratory presidency

Rapporteur: Alena Mastantuono (Employers - Group I / Czech Republic)

Co-rapporteur: Mateusz Szymański (Workers - Group II / Poland)

Date of adoption by section: 10 November 2023

Result of the vote: 68 in favour, 0 against, 0 abstentions

Date of adoption in plenary: 13-14 December 2023

Result of the vote: 166 in favour, 0 against, 5 abstentions

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