European Parliament
2014 - 2019
Committee on Employment and Social Affairs
Committee on Employment and Social Affairs (EMPL)
Interparliamentary committee meeting on Posting of Workers
12 October 2016 15.00-18.30 - Brussels
Background note
On 8 March 2016, the European Commission presented the Proposal for a Directive of the
European Parliament and of the Council, amending Directive 96/71/EC of 16 December 1996
concerning the posting of workers in the framework of the provision of services,
COM(2016)128.
Following this proposal, fourteen Chambers of national Parliaments sent reasoned opinions to
the Commission, suggesting that the Commission proposal would not comply with the
principle of subsidiarity, thus triggering the so-called “Yellow Card” procedure provided for
in Protocol No 2 annexed to the Treaties. A further six national Parliamentary Chambers
transmitted contributions, considering the proposal as compatible with the principle of
subsidiarity.
On 20 July 2016, the Commission, after consideration of the views expressed by national
Parliaments, concluded that its Proposal does not breach the subsidiarity principle and
decided to maintain the proposal unchanged.
With a view to the upcoming negotiations on the above Commission proposal within the
framework of the ordinary legislative procedure, Members of the European Parliament’s
EMPL Committee seek to engage with Members of National Parliaments in an exchange of
views about the specific provisions of the amending directive.
The main features of the Posting of Workers proposal are:
broadening the scope of the pay to which posted workers are eligible, from “minimum
rates of pay” to “remuneration”
making “universally applicable collective agreements” mandatory for posted workers
in all economic sectors
applying the principle of equal treatment to posted temporary agency workers