New rules proposed to protect workers temporarily posted abroad

The European Commission presented specific measures to increase the protection of posted workers, specially to address issues of abuse where workers do not enjoy their full rights in terms of pay or holidays. The measures proposed do not change 1996 Directive's provisions, they only aim to improve the way such Directive is applied in practice. The Commission also adopted a new regulation to show that workers' rights and their freedom to strike are on an equal footing with the freedom to provide services.

The European Commission adopted package of measures which has the intention to make the EU single market work better for workers and for business. The new rules are proposes to increase the protection of workers temporarily posted abroad. The measures are proposed because findings suggest that minimum employment and working conditions are often ont respected for the one million or so posted workers in the EU. In 2009, the Commission set up a Committee of Experts on Posting of Workers.

Without changing 1996 Directive provisions, the proposed Enforcement Directive aims to improve the way such Directive with regard posting of workers is applied in practice. In particular, the Enforcement Directive would set more ambitious standards to inform workers and companies about their rights and obligations; establish clear rules for cooperation between national authorities in charge of posting; provide elements to improve the implementation and monitoring of the notion of posting to avoid the multiplication of "letter-box" companies that use posting as a way to circumvent employment rules; define the supervisory scope and responsibilities of relevant national authorities; and improve the enforcement of workers’ rights, including the introduction of joint and several liability for the construction sector for the wages of posted workers as well as the handling of complaints.

On the other hand, within the measures package proposed, the Commission also presented the so-called Monti II Regulation which addresses concerns that, in the single market, economic freedoms would prevail over the right to strike, stressing that there is no primacy between the right to take collective action and the freedom to provide services. It also sets out a new alert mechanism for industrial conflicts in cross-border situations with severe implications. In no way does the Regulation affect national legislation on the right to strike, nor would it create obstacles to the right to strike.