The Commission has set up, by Decision 2009/17/CE, published in the Official Journal of the European Union, the Committee of Experts on Posting of Workers. This Committee will engage with the public bodies responsible for control, such as labour inspectorates. It will also, at appropriate levels and in accordance with national law and practice, formally and regularly involve the social partners, in particular representatives of the social partners in sectors with a high incidence of recourse to posted workers.

In its Recommendation of April, 3rd, 2008 on enhanced administrative cooperation in the context of posting of workers in the framework of the provision of services, the Commission indicated that the Member States should participate actively in a systematic and formal process of identification and exchange of good practices in that field through any forum of cooperation established by the Commission to that end.

For the purposes of EU law, an according to Directive 96/71/CE, “posted worker” referres to a worker who, for a limited period, carries out his work in the territory of a Member State other than the State in which he normally works.

Furthermore, the Council conclusions of June, 9th 2008 invited the Commission to institutionalise the informal group on the posting of workers by setting up a committee of experts.

Following these recommendations, the Commission set up the Committee of experts in the field of posting of workers and defined its tasks, responsibilities and structure.

Main tasks of the Committee of Experts on Posting of Workers

• Support and assist the Member States in identifying and promoting the exchange of experience and good practices.
• Promote the exchange of relevant information, including information on existing forms of (bilateral) administrative cooperation between the Member States and/or social partners.
• Examine any questions, difficulties and specific issues which might arise concerning the implementation and practical application of Directive 96/71/EC or the national implementing measures, as well as its enforcement in practice.
• Examine any difficulties which might arise in the application of Article 3.10 of Directive 96/71/EC.
• Monitor the progress achieved in improving both access to information and administrative cooperation, and in that context, inter alia, assess the different options for a suitable technical support for the information exchange needed to enhance administrative cooperation, including an electronic information exchange system.
• Examine possibilities to increase effective compliance with, and enforcement of workers’ rights and protection of their position, if necessary.
• Engage in an in-depth examination of practical cross-border enforcement problems in order to solve existing problems, improve the practical application of existing legal instruments as well as to improve mutual assistance between Member States, if necessary.

The Committee should be composed of experts representing the national authorities, which in each Member State, are responsible for, in charge of, or involved in the implementation, application and monitoring of the rules applicable to the posting of workers in the framework of the provision of services. Such experts should be able to reflect the full range of knowledge, competences and experience across the different policy areas concerned.

The Committee should also formally and regularly involve the social partners at European level, in particular those representing sectors with a higher incidence of recourse to posted workers, such as construction, temporary agency work, catering, agriculture and transport.

This Decision entered into force on January, 13th, 2009.