European Commissioner for employment and social Affairs, Marianne Thyssen, announced Wednesday, July 20, it maintained in the state’s proposed revision of the 1996 directive on posted workers, despite opposition from eleven member states. But the adoption of this text is still far from certain. He will get it to a qualified majority in the Council and the European Parliament
If that were the case, the proposed revision would impact in three key areas: the remuneration of posted workers, including in subcontracting situations the temporary detachment and the long-term secondment
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- under the Directive in force:
According to the existing Directive, which dates from 1966, posted workers legally have a “hard core rights” in force in the member State where they work, that is to say on the maximum work periods, minimum rest periods and minimum periods of paid annual leave.
to compensation, host countries are simply required to pay posted workers the minimum wage when such salary is
- what changes the revision of the directive.
Main change, reform of the directive asserts the principle of “equal work, equal pay”:
“All rules on remuneration which are generally applicable to local workers will also be applied to posted workers. The compensation shall include not only the minimum rates of pay but also other elements, such as bonuses or allowances if applicable. “
It would therefore become impossible for a French company, for example, paying a Polish boilermaker the minimum wage (1 monthly gross 466.62 euros) while a French boilermaker in the same position win 2000 or 2500 euros.
Currently, this may be the case, posted workers being “often paid less than other workers for the same work” , according to European Commission. Posted workers may now also claim the thirteenth month, the premium Christmas or seniority
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The revised directive also provides that the rules laid down by law or by collective agreements of general application become “mandatory” for posted workers “in all economic sectors “. So far, the scope of the Directive focused on the building sector and public works.
The fact that the social security contributions applied to the posted worker remain those of the country of origin – the fundamental principle of detachment – is he, not questioned. Employers should therefore be able to continue to hire lower-cost workers from countries where social contributions are much lower.
This should nevertheless help to increase the cost of posting and “impose decent working conditions “, according to the European Affairs Committee of the national Assembly.
Another amendment concerning compensation introduced by the review, Member States now have the possibility of imposing subcontractors to pay their workers the same pay as the main contractor. This provision does however change anything for France where this principle, contained in the Savary Act of 10 July 2014, is already in force. “The French law becomes EU law” , fell within the Socialist deputy Gilles Savary on 13 July.
Finally, Member States have the obligation to indicate seamlessly different components of the remuneration of workers posted to their territory
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The draft directive provides that a worker posted to a member State by border temporary employment agency will be employed on the same conditions that a worker from an agency of Acting in this host country.
“the European Commission intends by this Directive review” get out “temporary detachment, that is to say the law of the country of origin, to do “enter” the regime of the institution, that is to say that of the host country “, the report of the national Assembly.
in France, the social Affairs Committee of the Assembly called for its part the European Commission to go further, banning any temporary detachment. This was explained Gilles Savary July 13:
“It has created the temporary secondment is an opportunistic detachment placement. Fraud is so difficult to identify and prosecute most of these temporary boxes were developed for the cheap labor of trading, which is to place on the labor market of the unemployed, without that there is an ongoing activity in the country. These interim companies go to “employment center” Poland [for example], and we offer under the name of international services, people who cost less. “
The number of posted workers in France by temporary employment agencies increased by more than 3300% between 2004 and 2012, while the official number of posted workers grew by 965% over the same period .
the long-term secondment
the draft directive proposes to limit to twenty-four months the period of secondment. Furthermore, it would be “the mission” , and not the posting of a person, which would be limited to two years.
Would be well recognized in these twenty-four month secondment to the time or workers replacing the first seconded employee in the same position and same place, whose mission would have lasted at least six months.
the fact frame the duration of a mission rather than the secondment of an employee should allow to prevent circumvention of the law
Read also:. France threatened to no longer apply the directive on posted workers