The European Commission has welcomed today's definitive adoption by the EU's Council of Ministers of new measures to better enforce EU rules on the posting of workers. The new Posting of Workers Enforcement Directive will safeguard respect for posted workers' rights in practice and strengthen the legal framework for service providers.
Strong safeguards to protect the rights of posted workers and to prevent 'social dumping' are laid down in the 1996 Posted Workers Directive (96/71/EC) that presents a core of mandatory rules regarding the terms and conditions of employment to be applied to an employee posted to work in another Member State.
The new Enforcement Directive will help to ensure that these rules are better applied in practice, especially in some sectors such as construction and road haulage, where for example so-called 'letter box' companies (without any real economic activity in their 'home' country) have been using false 'posting' to circumvent national rules on social security and labour conditions.
It will also improve the protection of posted workers' rights by preventing fraud, especially in subcontracting chains where posted workers' rights are sometimes not respected.
Member States have to implement the new Enforcement Directive in their national legislation no later than two years and twenty days after its publication in the EU's Official Journal.