Local view for "http://purl.org/linkedpolitics/eu/plenary/2006-04-04-Speech-2-171"
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Mr President, ladies and gentlemen, the Commission has just adopted a communication containing instructions and explanations for Member States in respect of the posting of workers within the context of the cross-border provision of services. The communication also includes proposals aimed at helping the Member States to improve the practical implementation of administrative cooperation, access to information and supervising adherence to the directive on the posting of workers.
The Commission announced this communication last February following voting on the Services Directive in the European Parliament, stating at the time that any annulment of Articles 24 and 25, which contain provisions on administrative obstacles to the posting of workers, would be decided on the basis of majority voting. The removal of these articles should not, however, be interpreted by Member States as meaning that they can introduce or retain excessive administrative obstacles against companies that are posting workers across national boundaries. The cross-border posting of workers is regulated under Directive 96/71/EC, the aim of which is to harmonise, on the one hand, the right of companies to provide cross-border services, and on the other hand the rights of workers temporarily posted to another state in order to provide services. The Directive is the main instrument for ensuring the free movement of services, and at the same time the main instrument for preventing social dumping. The legal explanation approved by the Commission today provides the necessary clarification in respect of which control measures may be used by Member States when monitoring whether the employment conditions set out in the Directive are being upheld. The aim is to ensure that Member States act in accordance with the principle of freedom of movement for services, while at the same time avoiding social dumping.
The communication provides explanations and instructions for four types of control measure in particular: the requirement to obtain permission, the obligation to have a representative on the territory of the host Member State, the duty to declare and duties in respect of documents dealing with social and employment conditions. The conclusions of the communication are as follows: the obligation to have a representative on the territory of the host Member State is regarded as somewhat excessive, and it is considered sufficient if some of the workers – for example a manager – are appointed as contacts for the relevant authorities in the Member States. It is not considered reasonable that the duty to make a preliminary systematic declaration should be applied only on the grounds that a posted service is involved; the duty to retain documents is, of course, acknowledged, but this should apply only to documents that are absolutely necessary and which enable the authorities in the Member State to carry out effective support and control activities. It does not apply, for example, to social insurance documents, because these are dealt with under Directive 1408/71/EEC.
It was also concluded that it is reasonable to request the preliminary notification of activities. Notifications must be made no later than the day on which the activities commence.
The Commission intends to have easier access to information on employment conditions for workers and companies, and improved levels of cooperation between intra-state authorities. It is also essential to improve the resources available to workers and companies, in order to ensure the effective enforcement of employee regulations. On the basis of a study into the operation of the Directive which the Commission carried out and which can be found in the report from the Commission unit, we concluded that there is still much room for improvement in all areas, and the communication contains several proposals specified by the Member States for addressing these shortcomings. These include improvements to websites and other information resources, further resources for contact points and the bodies responsible for supervising the use of the electronic data transfer systems and improving contacts between work inspectorates. I regard as fairly important the suggestion that it is right for Member States to include in the information they provide details of the responsibilities that firms posting workers must fulfil, and not just general references to the employment law or legal system that applies in the Member State in question.
Ladies and gentlemen, I firmly believe that the Posting of Workers Directive – provided it is applied correctly – constitutes an adequate and robust instrument for ensuring, on the one hand, the prevention of social dumping, and on the other hand, the free provision of services."@en1
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"en.20060404.21.2-171"2
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