The draft directive aiming to improve application of Directive 96/71 on the posting of workers came back to the discussion table during the meeting of European Ministers for Employment and Social Affairs organized yesterday, October 15, in Luxembourg. The Lithuanian Presidency of the Council did “all it could” to adopt a general framework. However, in spite of heated debates, the Member States are still divided into two groups because of the key points of the European Commission’s proposal, on the open character of the list of national control measures and the special measures designed to ensure that subcontractors respect the relevant working conditions for posted workers. The possibility that no compromise will be reached before the end of this legislative term, which indefinitely postpone the adoption of this text – though necessary to combat social dumping – is increasingly likely. (Ref. 130623)
The principle of open list is still rejected. Before the meeting, the delegations had prepared several alternatives in order to reach a general agreement on the bill, which aims to overcome the lack of application of the current directive, because of which abuses and fraud are soaring. The last compromise that ended up on the Council’s table helped move a few friction lines. The type of control measures wouldn’t be limited, since the “open list” option, giving the Member States the...
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