After two surprising rulings by the national court in Ansbach, according to which foreign companies are not subject to the German Minimum Wage Act (MiLoG), a transport union, DSLV demands the introduction of EU rules regulating the posting of workers of the transport industry as soon as possible.
From the beginning of 2015, transport companies from all over Europe operating in Germany have to comply with the new provisions contained in the law on the minimum wage. This month in the domestic court in Ansbach, two judgments have been made on Polish carriers, which question the legitimacy of using MiLoG against foreign enterprises. The judges found that MiLoG as applied to foreign carriers is a violation of the EU’s free movement of services.
The appeal of the German union
In response to both judgments, the German Shipping and Logistics Association (DSLV) issued an appeal calling on Brussels to introduce EU rules governing the posting of workers in the transport industry as soon as possible.
Brussels must now quickly create a Europe-wide law on the posting” – emphasized the head of DSLV, Frank Huster.
According to DSLV, it is necessary to resolve legal uncertainties and support the fight against social dumping and unfair competition on a pan-European market as soon as possible. From the point of view of German carriers, cabotage should also be subject to the provisions on posting.
EU member states should stand together on these issues and come to a compromise on the reform package” -said Huster.
Editor’s comment
This compromise will be difficult to achieve, since the expectations of Eastern and Western Europeans are completely different. Politicians and carriers in the West are lobbying for solutions to curb „unfair” competition from Eastern Europe at all costs. The price will be extremely high from the point of view of other sectors. And the costs will ultimately fall on consumers who mostly do not realize what Western politicians are preparing for them.
The current situation in the transport industry – the lack of drivers and hence the shortage of the loading space – is tense. The German fast-moving consumer goods industry and the construction materials sector have been alarming about the crisis for a long time. Also some German carriers are aware of the consequences that may lead to the removal of Eastern European transport companies from the market. „If there are no Poles, the whole system in Germany will collapse” – said some time ago Jochen Eschborn, the head of the international shipping network Elvis.
Unfortunately, the lack of a broader view on the entire EU economy, and not just the alleged „social dumping” in transport, can lead to serious supply problems. The result may be a brake on growth not only in the German but also in the European market.
Photo: Twitter.com/eurotransportde