Posted workers directives
In the European Union, service provision is crucial for enabling the free movement of services and fostering economic integration. To address this, the EU has enacted directives to harmonize national laws and ensure equal conditions for posted workers.
This article analyzes EU legislation regulating the posting of workers in Europe, including their origins, aims and implications.
For an overview of EU laws on employment, take a look at our guide on EU labour law.
The principles of EU legislation on posted workers
The EU posted workers directives stem from the commitment to free movement of workers and services.
The 1957 Treaty of Rome created a common market to remove barriers to the free movement of goods, services and workers. The free movement principle has been stressed also in further treaties and agreements. This demonstrates the EU’s commitment to create a unified and efficient economic area.
Directive 96/71/CE: The pioneer directive
Directive 96/71/EC has represented a milestone in the regulation of posted workers within the EU. Adopted in 1996, this directive aimed to ensure basic working conditions for posted workers and prevent social dumping.
Directive 96/71/EC established a series of fundamental principles. Among these are: minimum wages, maximum working periods and mimum rest periods, as well as minimum paid annual leave.
European working conditions in terms of working hours, breaks and annual leave are provided by the EU Working Time Directive.
The directive did not address collective bargaining or social security, leaving room for later directives to cover these areas.
Directive 2014/67/EU: Strengthening enforcement and cooperation
Having recognized the need to strengthen the available enforcement and cooperation mechanisms, the EU introduced Directive 2014/67/EU. This directive modified Directive 96/71/CE and aimed to guarantee the practical enforcement of the norms on posting.
The enforcement Directive 2014/67/EC stresses the need for Member States to cooperate and exchange information to enforce posted workers’ rights.
Directive 2018/957/EU: A new era for posted workers
Directive (EU) 2018/957 built on previous directives and significantly changed the EU’s posting regulations. This directive addressed key issues, such as wages, allowances, and duration of posting.
One of the most important changes introduced by Directive 2018/957 is the focus on equal pay. The directive reaffirms that posted workers are entitled to the same pay and conditions as local ones in the Host Member State.
This marked a key step toward ensuring fair and equal treatment for all workers, regardless of their country of origin.
Directive 2019/1152/EU: Strengthening workers’ rights and social dialogue
The regulatory framework on posted workers has been further imporved through the introduction of Directive 2019/1152/EU. The directive was adopted to strengthen workers’ rights and promote social dialogue. It focuses on fostering better working conditions and transparency in sharing information.
Directive 2019/1152/EU places strong emphasizes transparency and predictabile working conditions, providing posted workers with detailed information on their employment, before and during the posting.
Conclusions
Although EU posted workers directives aim to establish equal conditions and protect workers’ rights, there are still some challenges and critical issues. A relevant concern regards the different interpretations and implementations of these directives in the various Member States. The lack of uniformity in the application of the norms may result in inequality and may hinder the effective protection of posted workers.
The regulatory framework for posting workers in Europe has evolved significantly, reflecting the EU’s commitment to ensure equal working conditions and prevent social dumping. From the pioneering Directive 96/71/EC to the transformative Directive (EU) 2018/957 and worker-centered Directive 2019/1152/EU, these directives have shaped the framework regulating global mobility of workers among Member States.
Despite the progress achieved to improve posted workers’s rights and protection, some challenges still persist. The achievement of an harmonized and consistently applied system is still a work in progress. This will require continuous cooperation and dialogue among the Member States.
As the EU continues to enhance its directives on posted workers, the goal remains clear: balancing free movement of people and services with protecting fundamental rights and equality for all workers in the EU.