Documents considered by the Committee on 10 October 2018 Contents

8Posting of Workers Directive

Committee’s assessment

Politically important

Committee’s decision

Cleared from scrutiny; drawn to the attention of the Business, Energy and Industrial Strategy Committee

Document details

Proposal for a Directive of the European Parliament and of the Council amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services

Legal base

Articles 53(1) and 62, TFEU; QMV; Ordinary legislative procedure

Department

Business, Energy and Industrial Strategy

Document Number

(37591), 6987/16 + ADDs 1–2, COM(16) 128

Summary and Committee’s conclusions

8.1In March 2016, the Commission proposed to amend current legislation on the rights available to “posted workers”—those who are temporarily posted to work in one country by a company based in another Member State—in order to apply the principle of “equal pay for equal work in the same place”.

8.2Following an earlier letter52 from the Government explaining the outcome of negotiations, the Minister for Small Business, Consumers and Corporate Responsibility (Kelly Tolhurst) has written53 to confirm that the UK abstained54 due to previously expressed concerns about the balance of the text and legal uncertainty. The UK, she says, had consistently sought a text that had legal clarity and provided an appropriate balance between protections for posted workers and limits on the burdens placed on businesses providing services between Member States. The UK acknowledged that there had been some positive changes, but was unable to support the final proposal.

8.3The Minister says that Member States have until 30 July 2020 to implement the Directive. As such, the Government is analysing the final text55 of the Directive to determine what changes are required in order to implement the Directive in the UK. In particular, the Government is considering whether legislative changes are required. The Government anticipates that any legislative change required will not have “a high impact” on UK law.

8.4We note final adoption of the legislation and that the UK abstained as foreseen. We clear the document from scrutiny and draw it to the attention of the Business, Energy and Industrial Strategy Committee, which may take an interest in the implementation of the Directive in the UK.

Full details of the documents

Proposal for a Directive of the European Parliament and of the Council amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services: (37591), 6987/16 + ADDs 1–2, COM(16) 128.

Previous Committee Reports

Thirtieth Report HC 301–xxix (2017–19), chapter 1 (6 June 2018); Second Report HC 301–ii (2017–19), chapter 5 (22 November 2017); Sixth Report HC 71–ix (2016–17), chapter 4 (15 June 2016); Thirty-second Report HC 342–xxxi (2015–16), chapter 3 (4 May 2016); Twenty-eighth Report HC 342–xxvii (2015–16), chapter 6 (13 April 2016).


52 Letter from Andrew Griffiths MP to Sir William Cash dated 5 April 2018.

53 Letter from Kelly Tolhurst MP to Sir William Cash, dated 31 August 2018.

54 See Council document 10422/18 (the “Voting result”)

55 PE-CONS 18/1/18 Directive of the European Parliament and of the Council amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services.




Published: 16 October 2018