21 Mars 2012 - Proposals of the European Commission on posted workers
On March 21st 2012, the European Commission proposed new rules to increase the protection of workers temporarily posted abroad, and to regulate their right to collective actions.
The Commission presented a “Directive on the enforcement of the directive 96/71/EC concerning the posting of workers in the framework of the provision of services”. This proposal aims to improve the way the 1996 directive is applied in practice and to strengthen guarantees for the posted workers, in response to the EU Court of Justice judgements, source of a certain legal instability. The European Trade Union Confederation (ETUC) has already pointed out that this directive remains too weak and does not guarantee an improvement of posted workers’ situation.
This proposal goes hand in hand with a proposal for a regulation on the right to collective actions for posted workers, called Monti II Regulation. In this regulation, the Commission treats the right or liberty to strike on an equal footing with economic liberties. The AEDH considers that such a principle is not acceptable and affects workers’ rights because the right to collective actions is a fundamental liberty that has to prime on economic liberties. This right must not be diminished by any European legislation, it should, on the contrary, be reinforced.
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