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The proposal for a revision of the Posting of Workers Directive is contradictory and excludes some posted workers from equal treatment
During recent years, the number of posted construction workers in Europe working under exploitative conditions has soared. Given that the European Commission has declared that the principle of “equal pay for equal work in the same place” should be the guiding principle for the free movement of workers in the EU, the European Federation of Building and Woodworkers (EFBWW) has had high expectations of the announced revision of the Posting of Workers Directive (PWD).

Against this background, it is difficult to see how the current proposal for a revision of the PWD would make much difference in the fight against social dumping. The proposed text is contradictory and there are a number of unclear elements. Concerning the aim of the directive, the EFBWW cannot accept the reference to competition on labour cost. Concerning the coverage of the directive, the EFBWW cannot accept that some posted workers would be excluded from equal treatment due to differences between national social models in Europe.

For the EFBWW, the most important aim with a revision of the Posting Directive is to make it possible for any host Member State to demand equal treatment for equal work according to existing rules, principles and collective agreements on its labour market. The Directive must safeguard the different national social models, making it possible to build the protection of workers upon existing national laws, regulations, collective agreements and practices.

“A revision of the Posting Directive must make a substantial difference in the fight against the exploitation of posted workers in Europe as compared to the situation today.“ says Dietmar Schäfers, President of the EFBWW. “Competition on wages cannot be included among the aims of the Directive; instead the principle of ‘equal pay for equal work in the same place’ must be put into actual practice. We must create a system of rights for the mobility of workers, which removes all possibilities to circumvent rules and regulations through false self-employment, letterbox companies and other fraudulent practices.”

 
Related pages about:
EU Legislation Construction
Migration
Posting of Workers