After a last battle on the proposal concerning the implementation of the posted workers directive (96/71/EC), the 28 Ministers of Labor managed to break the deadlock, during their meeting on December 9 in Brussels. These negotiations mostly covered two flagship provisions that crystallize the opposition: the principle of access to an open list of documents to monitor companies that appeal to posting, against avoidance of existing regulations governing working conditions (Article 9), and the principle of joint and several liability as a way to fight fraudulent schemes, which are becoming increasingly sophisticated (Article 12). In the end, they were accepted. 7 countries voted against and Poland, which for a long time rejected the proposals on the table, ended up approving the text. Negotiations will now go on with the Parliament, for the text to be voted after a first reading. (Ref. 130785)
Two sides were opposed (see article No. 130623). On the one hand, a group composed of former Member States – Belgium, France, Germany, Italy and Luxembourg, with the support of Austria and the Scandinavian countries – was in favor of enhanced measures to ensure the integrity of the social conditions in which these foreign workers work operate in their countries. This position also wanted to protect their own national workers and businesses from unfair competition. The other group, made up of most eastern European newcomers and the UK, was opposed to any additional obligation in the name of the free market.
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