Talks about the changes in the Directive on Posting of Workers that took place between the European Parliament and representatives of EU member states led to changes in the original project. The latest information shows that although transport is to be covered by the provisions of the amended directive, it will only happen when the Mobility Package becomes operative.
This record causes us to be clinched. On the one hand, in order to dismiss the application of stricter provisions on posting, we should focus on the longest possible work on the Mobility Package, followed by the possibly long vacatio legis. This would allow us to prepare for the new rules of the game on the EU market and would not jeopardize the long-term contracts concluded today – Maciej Wroński, president of the employers’ organization Transport and Logistics Poland explains in the pages of „Rzeczpospolita”.
On the other hand, as the head of TLP emphasizes, the Mobility Package should include provisions facilitating the fulfillment of current administrative and information obligations as well as exclusion from the application of the provisions on posting.
A faster entry into force of the package could thus give us a significant relief and facilitate survival on the market. We must remember that the provisions on posting in the current wording are already applied to our industry in most European countries – adds Wroński.
Another important change that came after negotiations in the draft amendment is the fact that when comparing remuneration paid to a posted worker and remuneration due according to the regulations of the host country, the total gross amount of earnings should be taken into account.
According to Stefan Schwarz, president of the Labor Mobility Initiative, this provision means that it is necessary that „all elements that are part of the remuneration can be determined in sufficient detail for purposes of transparency.” This refers to the law and practice of the Member State from which the employee comes from. If this provision is in the final version of the directive, perhaps the problem of settling the earnings of workers from Eastern Europe abroad will be easier to deal with.
Photo: Transport and Logistics Poland