A supporter of reforming the status of posted workers, France does not account visibly abandon this. “If it is not possible to convince, it will come back to that,” warned Sunday the prime minister. “This is a directive dating from 1996 (…) must be changed,” insisted Manuel Valls, adding: “If we do not hear us, it will mean that France applies this directive “. But why such a sudden pressure?
What is the posted work? Surrounded by a European directive of 1996, posting allows a company to send European temporary employees on assignment in other EU countries, by applying only the core of the regulation of the host country (minimum wage, working conditions) while continuing to pay social security contributions in the country ‘origin. Thus, a Polish carpenter employed in France must be paid at least at the French SMIC but employer contributions are payable in Poland, where it is two times lower than in France.
How many are they? the number of workers posted to another EU country has steadily increased to over 1.9 million in 2014, according to figures from the European Commission. In France they were officially 286,000, but these figures are questionable: in a parliamentary report on this subject in 2013, the PCF Senator Eric Bocquet stressed that many employees are not registered and “the figure of 300,000 employees low- cost seconded in France in breach of Community law seems credible. ” What Michel Sapin confirmed the end of 2013, stressing that the actual figure would be “closer to 350,000″ as 169,000 posted workers officially registered in 2012.
The only certainty, their number has increased more than tenfold in a decade as shown in this infographic:
Why detached work done he polemic If the detachment is the logical continuation of job mobility within the? EU and it enables to fill labor shortages punctual work, it is also a source of tension. First because of its principle: the posted worker comes mostly from a less wealthy country and therefore costs less in contributions, where social dumping charges. But there is worse. Despite its advantages, the detachment been many abuses by some employers: not reporting, much lower pay the minimum wage, exceeding the maximum working time, unworthy accommodation, etc.
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the countries that attract the most posted workers (Germany, France, Belgium, Netherlands, Austria) therefore require more and more firmly an evolution of the device to reduce the gap in labor costs between home state and detachment state. Except that countries off the most workers (Poland, Romania, Bulgaria, Portugal) do not want to hear about it.
What are the possible solutions? With the rise populism across the continent, the European Commission has agreed to reopen the case of posted workers. The latter launched in early March a consultation to define a "European core of social rights" to ensure "fair labor markets and social systems within the euro area." In other words, Europe wants to reduce the difference in costs between a posted worker and his local counterpart. To get there, she wishes that posted workers not only receive the minimum wage of the country they are sent, but the benefits that go with it: the bonuses, allowances and other benefits. Their tasks would also be limited to two years.
France wishes it, this "alignment from above" is not just about the only benefits but also the level of social contributions. Clearly, a posted worker costs as much as a local worker, making the system less attractive to employers.
But exporters posted workers countries (also part of France) make resistance: eleven European countries, including ten in Eastern Europe, addressed a "yellow card" to the commission, blocking for now the legislative process. The European Commission must take stock before the end of July.
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