Negotiators from the European Parliament and from the Council have reached an informal deal on a new legislative proposal concerning rules for posting of workers. The new directive amends the existing one by further clarifying some rules and adding more space for effective control by Member States. The new rules define the difference between genuine posting of workers and using this legal institute to circumvent labor legislation. Member States will also be allowed to control the abuse of self-employment by assessing the worker´s work relationships, subordination and remuneration. A new list of control measures, that can be employed by the national authorities, is also included in the amendment. Regarding posted workers in subcontracting chains, both the main contractor and the subcontractors will be responsible for any failure to pay the posted workers or to not respect their other rights. The directive will now have to be adopted by the EP´s respective committee, and then in the plenary, as well as by the Council. The rules will then have to be translated into national legislations within 2 years.
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6th October 2021
9th July 2021