Highlights - Posting of workers in the framework of the provision of services: exchange of views - Committee on the Internal Market and Consumer Protection

On 28.11.16, Members had their first exchange of views on the Commission proposal on the posting of workers, highlighting a rather wide spectrum of both concerns and expectations with regard to the tabled legislation. Some of the Members highlighted social aspects, like the need to reintroduce the old definition of remuneration, significantly shorten the time limit after which the temporary nature of provision of services terminates and it becomes a permanent activity.

Also the legal basis was touched suggesting to use Article 153 TFEU on protection of workers as additional one, and generally fight against the unfair competition and so-called social dumping was emphasized.

Other members stressedthe need to focus on the primary objective of the properly functioning SingleMarket, the free movement of persons in which constitutes a fundamental part;they stressed the need for provisions fighting the protectionist measures,expanding the focus beyond the construction sector, and tackling illegalactivities through enforcement measures rather than impeding the Single Marketby regulation that either blocks or discourages free movement and createsproblems of practical nature (like blocking internal corporate transfers). Dueregard should be given to the huge number of Member States which issued a"yellow card" for the subsidiarity issues with this proposal.