Commenting on the outcome of the vote today on the Enforcement of the Posted Workers Directive – in which MEPs rejected all amendments designed to strengthen enforcement - Bernadette Ségol, General Secretary of the European Trade Union Confederation, said “At best, the European Parliament has failed to strengthen the enforcement of what are weak and minimum rights for those working temporarily in other member states.” “At worst it undermines the ability of those member states who do try to enforce this Directive to do so in future.”
One example of the vote weakening enforcement is in the area of sub-contracting. Eight member states have national laws making all companies in the sub-contracting chain potentially liable for breaches of contract such as non-payment of wages. The Enforcement Directive agreed by the Parliament allows such laws only as long as they are “proportionate” – which gives the European Commission a green light to screen such legislation in the light of allegedly more important internal market objectives.
“Instead of not strengthening the enforcement of a weak Directive” said Ségol, “MEPs should demand a stronger Posted Workers Directive and the clear recognition from the EU that internal market is not more important than workers’ rights.”
In September 2010 European Commission President Barroso told the European Parliament “I have clearly stated my attachment to the respect of fundamental social rights and to the principle of free movement of workers. The interpretation and the implementation of the posted workers Directive falls short in both respects. That is why I commit to propose as soon as possible a Regulation to resolve the problems that have arisen. If we discover during the preparation of the Regulation that there are areas where we need to revisit the Directive itself, I will not hesitate to do so.”
Bernadette Ségol said today “Mr Barroso has failed to do what he promised which is to resolve the shortcomings in interpretation and implementation of the Posted Workers Directive. It is deeply frustrating and disappointing. A strengthening of the Directive itself is now more urgent than ever ”.
See /documents/posting-workers-directive-proposals-revision for ETUC proposals for revising the Posted Workers Directive and a Protocol attached to the treaties (legally easier to do than revising the treaty) to ensure that fundamental rights are not overridden or undermined by freedom of movement or internal market rules.
