Monday, September 24, 2012

EESC: protect posted workers without penalising companies

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From: PressEESC <>
Sender: Paesmans Valerie <>
Date: Mon, 24 Sep 2012 10:11:37 +0000
Subject: EESC: protect posted workers without penalising companies

No 56/2012

24 September 2012

EESC: protect posted workers

without penalising companies

The European Economic and Social Committee welcomes the Commission's proposal for an enforcement directive on the posting of workers. The message is clear: protect posted workers without neglecting the needs of businesses.


Better cooperation

Following the Commission proposal of last March on the enforcement directive on the posting of workers in the framework of the provision of services, on 19 September the EESC adopted its position on the subject. The EESC opinion, drafted by Thomas Janson (Workers' Group, Sweden), welcomes the Commission's goal of focusing on better implementation and effective administrative cooperation among Member States. At the same time, it stresses the importance of guaranteeing the protection of posted workers, respecting the various labour market models in the Member States and discouraging social dumping and unfair competition.


Cross-border trade and services

In the EESC's view, in order to promote the transnational provision of services in a climate of fair competition, it is important to have equal minimum conditions of employment according to national laws and collective agreements. At the same time, since increasing the scope for cross-border trade is important for the development of the internal market, the directive should aim at preventing unnecessary administrative costs that place burdens on companies.


Liability in subcontracting

The EESC believes that the question of liability in subcontracting is a crucial point in the proposed directive. The Commission is asked to clarify the meaning of "due diligence" that exempts companies from liability. The directive must respect existing systems for several and joint liability in the Member States and countries that do not have such systems are strongly recommended to introduce them following consultation with the social partners.


For more information please contact:

Karin Füssl, Head of the Press Unit

Tel.: +32 2 546 87 22



European Economic and Social Committee

Rue Belliard 99, 1040 Bruxelles, Belgium

Tel.: +32 2 546 8207 – Fax: +32 2 546 9764

E-mail: – Website:

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