“ I am determined to keep the proposal as it is ,” said the European Commissioner for Employment, Marianne Thyssen.
On March 8, Mrs Thyssen had presented a project to correct certain excesses of detached work, vigorously demanded that France, Germany and Belgium in particular, the host country of posted workers many of whom come from Central Europe.
This project will align plans –souvent posted workers employed in construction, agricoles- slaughterhouses and work with those of the local workforce.
Already subject to the minimum wage in the country where they work, the posted workers will be forced, according to Mrs Thyssen’s proposal, touching the same advantages as those of the host country such as the thirteenth month.
The draft Commission also plans to limit to two years the missions of posted workers. However, the posted workers continue to be subject to the social security system of their country.
But in May, the parliaments of the ten countries of the former Communist bloc: Bulgaria, Hungary, Croatia, Czech Republic, Poland, Estonia, Romania, Lithuania, Latvia, Slovakia, as well as the Denmark, had resisted this project brandishing “ a yellow card .”
In Brussels jargon, a “ yellow card ” is the name given to a procedure introduced by the Lisbon Treaty (2009) to challenge a directive – a European legislative project – on the grounds that the matter should be addressed at national and not EU level. It was only the third time since 2009 that the “ yellow card ” is used.
“ We have clearly analyzed all the arguments advanced by the national parliaments which have activated the yellow card procedure (…) We concluded that our proposal is in perfect harmony with the principle of subsidiarity (that the powers that are not explicitly return to European Member States, ed) and we will therefore keep “confirmed Mrs Thyssen.
Mrs Thyssen proposal must now be approved by the European Parliament and the council of 28 EU ministers responsible for social affairs and employment.
According to the Commission, more than 1.9 million employees were in this situation in the EU in 2014 (0.7% of the workforce). Their number is clearly increasing: it rose by 44% between 2010 and 2014.
The main countries of posted workers are Germany (a little more than 400,000 in 2014), followed France (just under 200,000) and Belgium (about 160,000).
Conversely, the main countries of origin are: Poland (428,000 people in 2014, an increase of 61% compared to 2010), Germany (255,000, up 13%) and France (125,000, down 24%).