The Posting of Workers Directive: proposals for revision
Europeanising labour markets require firm and fair ‘rules of the game’
(ETUC) At its meeting in Brussels on 09 - 10 March 2010, the Executive Committee of the European Trade Union Confederation (ETUC) adopted a Resolution on the Posting of Workers Directive: proposals for revision
Since 2005, the ETUC has been urgently calling, in a series of positions, for a framework of firm and fair rules, combining open borders and adequate protection of workers, to be developed both at national and EU level, to accompany the coming about of a genuine internal market in which goods, capital, services and workers can move around to the benefit of citizens, economies and societies.
According to the ETUC, a European labour market requires European ‘rules of the game’, combining open borders with adequate protection.
These key conditions are:
a) equal treatment of local and migrant workers
b) no unfair competition on wages and working condition
c) respect for national collective bargaining and industrial relations systems
d) equal access of all workers to social benefits
e) proper instruments and tools for monitoring and enforcement of labour standards
Recent developments have made the debate even more urgent, with the financial crisis now hitting the real economy, unemployment figures on the rise, public spending under pressure, and workers everywhere in Europe paying the price.
While from an economic perspective open borders and markets within the EU area are of major importance for a quick recovery of Europe’s competitive position, workers everywhere in Europe are increasingly questioning what is in it for them. There are currently serious problems with regard to the side-effects of the internal market and increased cross border mobility of companies and workers, which demand for urgent action to be taken as they are threatening social cohesion and the support for the European project. Not only financial markets, but also the real economy and labour markets need a huge effort of confidence building.
At national level, voices are getting stronger to focus on better ‘shielding’ national industrial relations and social protection systems against the ‘invasion’ by internal market law. Others stress the need to develop a response at EU level, demanding for European harmonized rules and/or (minimum) standards in the social field
In this context, the Posting of Workers Directive (PWD) plays a pivotal role. Once perceived as a key instrument to prevent unfair competition on wages and working conditions in situations of temporary cross border provision of services, it has now become the battle ground on which the fight about the social dimension of the internal market is fought.