The EU Council agreed a position (general approach) on the directive on the posting of workers. The
amendment changes some elements of the original Directive 96/71/EC of the European Parliament and
of the Council of 16 December 1996 concerning the posting of workers in the framework of the
provision of services.
The amendment provides that:
- the remuneration of posted workers must be in accordance with the law and practice of the host
country; - long-term (12-month) delegation can be extended by 6 months when the service provider submits a
substantiated notification; - universally binding collective agreements are to be applied to posted workers in all sectors;
- temporary and local workers are to be treated equally;
- as far as the transport sector is concerned, the revised provisions will come into force when sectoral
legislation, currently being prepared, comes into force; - the new Directive will apply after a 3-year transitional period (and 1 additional year).
All provisions on the remuneration of local employees will also have to be applied to posted workers.
The salary will mean not only the minimum wage rates but also other elements such as bonuses and
allowances.
This means in practice the need to thoroughly learn about the remuneration regulations in force in a
given region, industry, profession, including those that are not catalogued or codified, but result from
legal provisions, collective labour agreements and court awards.
There will also be a European platform against undeclared work, the aim of which is to combat abuse
cases. The platform is to provide information exchange and administrative cooperation between
Member States.
The final adoption of the Directive will follow the adoption by the European Parliament, which is
likely to take place in June. The Directive will come into force after a two-year transitional period.