Employers’ Joint Statement on posting of workers

To mark the Forum on the Posting of Workers organised by the European Labour Authority (ELA), BusinessEurope and four sectoral-level employers’ organisations (Ceemet, ECEG, FIEC, WEC), have issued a joint statement in response to the European Commission’s report on the application and implementation of Directive EU 2018/957 of 28 June 2018 concerning the posting of workers in the framework of the provision of services. The employers’ organisations believe there is no point in revising the directives on posting at this stage, but at the same time call for the revision of Regulation 883/04 on the coordination of social security systems. They see no need to “over-regulate” the posting of third-country nationals (TCN – see Third-country nationals): once these TCN have entered the EU and are legally residing and working in an EU Member State, they should be treated as regular posted workers in a single market logic and be the subject of the same rules and effective visa procedures. The organisations also support a number of initiatives mentioned in the Commission’s report, such as the introduction of a tool to help employers determine the remuneration payable to posted workers, including all obligatory items. This “remuneration calculator” should be developed by the ELA. They call on the Commission to rapidly put forward its initiative on e-Declaration, as a universal tool to be used on a voluntary basis by the Member States, and at the same time advocate a sector-based approach in order to enhance the supervision of posting, citing the example of social ID cards that function well in the construction sector in several countries.