Directive (EU) 2018/957

Ce que fait l'acte

to amending 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 to address unfair practices. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: posting of workers supports the cross-border provision of services in the Internal Market, particularly in construction and some personal and business services sectors. Altogether, in 2014, there were over 1.9 million postings in the EU (representing 0.7% of a total EU labour force), up by 10.3% as compared to 2013 and by 44.4% with respect to 2010. The upward trend followed some stagnation during the years 2009 and 2010. The Committee on Employment, Social Affairs and Employment adopted the joint report by Elisabeth MORIN-CHARTIER (EPP, FR) and Agnes JONGERIUS (S&D, NL) on the proposal for a directive of the European Parliament and of the Council amending 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. The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows: Need to revise the Directive : the amended text stressed that, in the light of proven cases of fraud, it is necessary to revise the Posting of Workers Directive in order to assess whether it still strikes the right balance between the need to promote the freedom to provide services and ensure a fair business climate and a level playing field for workers and undertakings operating in the internal market, and the need to protect the rights of posted workers. There is an urgent need to clarify the rules, to make sure that they are applied uniformly and to bring about genuine upward social convergence . This Directive establishes a balanced framework with regard to the freedom to provide services and the protection of posted workers, which is non-discriminatory, transparent and proportionate while respecting the diversity of national industrial relations. Postment exceeding 24 months : Members deemed it necessary to stipulate that the posting is of a temporary nature . Therefore, all the applicable terms and conditions of employment of the Member State where the worker is posted should be applicable after 24 months, except the conditions relating to the conclusion and termination of the employment contract. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. For postings that require a longer duration, it shall be possible to grant extensions to undertakings based on a reasoned request made to the competent authority of the Member State where the worker is posted. Conditions of work and employment : undertakings shall ensure that workers posted to their territory enjoy conditions of…