Amended proposal for a COUNCIL DIRECTIVE concerning the posting of workers in the framework of the provision
Date: 1993-06-15
Institutions: European Commission
Subjects: labour law, labour mobility, services company, transnational corporation, worker information, working conditions

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(93)225  fin»' - SYN 346 

Brussels,  15 June  1993 

Amended  proposal  for a 

COUNCIL  DIRECTIVE 

concerning  the posting of workers 

In the framework of  the provision 

(presented  by  the Commission  pursuant  to Article  149(3) 
of  the  EEC-Treaty) 

EXPLANATORY  MEMORANDUM 

Z-

Parliament  and  the  Economic  and  Social  Committee  have  delivered 
opinions on  the proposal  for a Council  Directive concerning  the posting 
of workers  in the framework of  freedom  to provide services. The amended 
proposal, which  the Commission  is submitting  pursuant  to Article  149 of 
the  Treaty,  takes  account  of  Parliament's  amendments  approved  on  10 
February  1993, the  Economic  and  Social  Committee's opinion  adopted  on 
16  December  1991  and  the  developments  of  discussions  In  the  Council 
Working  Group  on  Social  Questions.  A  number  of  technical  improvements 
have been  incorporated  for  the sake of  legal  certainty  and  consistency. 

Article 1 

The wording of Article  1 has been  rephrased  to clarify  its meaning  and 
to emphasize  the  fact  that  the undertaking  referred  to  therein may  be 
established  either  in  a  Member  State  or  In  a  third  country.  This 
amendment  is  in  line  with  the  wishes  expressed  by  Parliament  and 
responds  to  a  broad  consensus  within  the  Council  Working  Group  on 
Social  Questions. 

Article  2 

Point  (c) has been  amended  at  the  request  of  Parliament.  By  replacing 
the  original  term  "located"  with  the  Parliament's  recommended 
expression  "carrying  out  work"  the  new  text  becomes  clearer,  broader 
and more adequate. 

Article  3 

The  amendment  to  paragraph  1,  point  (a) and  the  new  paragraph  4  have 
been  introduced  to  take  acount  of  the  wishes  overwhelmingly  expressed 
by  Parliament,  they  have  a  two-fold  objective:  First  of  all,  to 
clarify  the  original  text  by  deleting  the  term  "erga  omnes"  which  is 
unknown  in  some  Member  States  and  to  ensure  the  application  of 
collective  agreements  at  national, regional  or other  levels which  must 
be observed by all  national  undertakings operating  in the occupation or 
industry  concerned  and,  secondly,  to  allow  Member  States,  in  the 
absence  of  the  abovementloned  collective  agreements  (or  awards),  to 
include  those  which  are  complied  with  by  the  great  majority  of 
national-level  undertakings  in the occupation  or  industry  In question. 
The  fact  that  an  economically  insignificant  number  of  national-based 
undertakings  do  not  observe  the  collective  agreements  (or  awards)  in 
question,  would  not  necessarily  impede  their  application  to  the 
undertaking  referred  to  in  Article  2.  A  key  factor  will  be  the 
extent  to  which  those  undertakings  are  real  potential  competitors 
relative  to undertakings  referred  to  in Article  2.  The  term  "national-
based  undertakings  being  in a similar  position"  should  be  construed  as 
enterprises  established  in the Member  State  concerned,  which  undertake 
similar  activities or operations and are equivalent  in volume or size. 

Furthermore,  in  order  to  guarantee  legal  certainty,  Article  4  (3) 
provides  that  Member  States must  ensure  that  information  is officially 
published  and  easily  available  to  foreign  undertakings  in  order  to 

enable  them  to  identify  the  collective  agreements  which  are  generally 
applicable  within  the meaning  of  Article  3(4).  In the  absence  of  such 
Information  the  abovementloned  collective  agreements  cannot  be  imposed 
upon  foreign providers of services. 

Paragraph  1, point  (b) has been changed  In response  to three  amendments 
made  by  Parliament,  by  adding  the  terms  "Saturdays"  and  "shift  work", 
"public  holidays"  and  "sexual  orientation"  to  (I),  (II)  and  (vli) 
respect ively. 

Paragraph  1, point  (b)(lll) has been modified,  at Parliament's request, 
by  deleting  the  words  "but  excluding  benefits  provided  for  by  private 
occupational  schemes".  It  is  now  clear  that  bad  weather  payments, 
payments  relating  to  annual  holidays  and  public  holidays  are  the 
responsibility  of  the  employer  where  the  national  law  of  the  host 
country  so establishes.  Whether  or  not  he should  pay  contributions  to 
special  funds  laid  down  by  laws or  the  collective  agreements  referred 
to  in Article  3 will  depend on  the circumstances of  the case and on  the 
rule  that  persons  providing  services  should  be  neither  discriminated 
against  nor  required  to comply  with obligations which  are  incompatible 
with  the provision of  services as  laid down  in Article  59 of  the Treaty 
(Joined Cases 62 and 63/81  Seco SA). 

Paragraph  2 has  been  amended  at  the  request  of  Parliament.  It  reduces 
to  one  month  the  original  three-month  threshold.  The  new  threshold 
allows  for  the  necessary  flexibility,  may  be  regarded  as  more 
favourable  to  workers  and  is  in  line  with  Article  4(3)  of  Council 
Directive  91/533/EEC  of  14  October  1991  concerning  the  employer's 
obligation  to  inform  workers  on  the  conditions  applicable  to  their 
contracts  of  employment.  The  said  Article  allows  the  employer  not  to 
give a new written  statement  to a posted worker  where  the posting  lasts 
less than one month. 

Paragraph  3 has been  Inserted  to reflect  the opinion of  Parliament  and 
is designed  to guarantee  the application of  the more  favourable working 
conditions  provided  for  by  the  law applicable,  usually  the  law of  the 
home country. 

Article 4 

Article  4 has  been  introduced  In  light  of  the  views  of  Parliament  and 
the Economic  and Social  Committee. 
Paragraph  1 ensures  cooperation  between  public  authorities  of  both  the 
home and  the host  country  in matters  relating  to the application of  the 
Directive.  It  states  that  liaison  offices  must  be  designated  to 
channel  such  cooperation. 
Paragraph  2  contains  a  non-exhaustive  list  of  matters  on  which 
information  should  be  provided  to a requesting  public  authority.  Such 
a  list  includes  Information  concerning  the  working  conditions 
applicable  to  posted  workers  In  accordance  with  Article  3  and  the 
cross-border  supply  of  workers,  including  apparent  abuses  or  possible 
cases of unlawful  cross-frontier  activities. 

Paragraph  3  Is clarified  In Article  3  (1)(a). 

<< 

Article 5 

This  Article  reflects  the  opinion  of  Parliament  and  the  Economic  and 
Social  Committee  and  is  In  line  with  other  Commission  proposals.  It 
provides  for appropriate  remedies  in the event of  failure  to comply. 

Article  6 

Article 6 modifies  the date referred  to  in the original  Article 4 which 
Is no  longer  viable. 

Article 7 

This  Article  was  added  to  take  into  account  Parliament's  wishes.  It 
provides  for  a  review  of  the  operation  of  the  Directive  five  years 
after  the expiry of  the period  referred  to  in Article  6. 

Proposal  for  a Council  Directive  concerning 
the framework of  the provision of  services 

the  posting  of  workers  In 

ORIGINAL  PROPOSAL 

Proposal  for  a  Council  Directive 
concerning  the posting of  workers 
the 
framework 
in 
provisions of  services 

the 

of 

Amended  proposa I  for  a  Counc11 
Directive  concerning  the  posting 
of workers  in the framework of  the 
provisions of services 

The  Counc11 
Commun(ties, 

of  the  European 

The  Council  of  the  European 
Commun It les, 

Having  regard  to  the  Treaty 
European 
establishing 
in 
and 
Community, 
Economic 
particular  Articles  57(2)  and  66 
thereof, 

the 

Unchanged 

Having  regard  to  the  proposal 
from  the Commission,*1) 

Unchanged 

In cooperation  with 
Par I lament ,'(2) 

the  European 

Unchanged 

Having  regard  to 
the 
Committee,(3* 

Economic 

the  opinion  of 
Social 

and 

Unchanged 

Unchanged 

Unchanged 

Whereas, pursuant  to Article 3(c) 
of  the  EEC  Treaty,  the  abolition 
as  between  Member  States  of 
obstacles  to  freedom  of  movement 
for 
services 
constitutes one of  the objectives 
of  the Community; 

persons 

and 

nationality 

Whereas  for  the  provision  of 
services  any  restrictions  based 
on 
residence 
requirements are prohibited  under 
the  Treaty  with  effect  from  the 
end of  the transitional  period; 

or 

(1) OJ No 
(2) OJ No 
(3) OJ No 

Whereas  the  free  provision  of 
services  In  the  framework  of  the 
Single  Market  L§  a  fundamental 
principle  of  the  EEC  Treaty  as 
interpreted  by.  the 
ol 
however . 
Justice.  Whereas. 
may 
certain 
be 
justified  on 
Introduced 
grounds of public  Interest. 

restrictions 

where 

court 

Unchanged 

Not  foreseen 

and 

Whereas  the  realization  of  the 
Internal  market  offers  a  dynamic 
environment  for  the  provision  of 
transnational 
services 
subcontracting  by 
inviting  a 
growing number of undertakings to 
abroad 
post 
temporarily  to  perform  work  on 
the  territory  of  a  Member  State 
other  than  the  State  in  which 
they are habitually  employed; 

employees 

their 

Unchanged 

Whereas  the provision of  services 
may  take  the  form  either  of 
performance  of  work  by  the 
provider  of  the  service  or  the 
provision  of  manpower  for  use  by 
an  undertaking  in  the  framework 
of  a  public  or  a  private 
contract ; 

provision 

Whereas any such promotion of  the 
transnational 
of 
SP^^-Ces  requires  a  climate  of 
-<alr  competition  to  exist  which 
cannot 
without 
measures ensuring respect  for  the 
r ights of workers; 

attained 

be 

Whereas  any  such  promotion  of  the 
transnational 
of 
services  requires  fair competition 
to exist  which  cannot  be  attained 
without 
guaranteeIng 
respect  for  the rights of workers; 

provision 

measures 

Unchanged 

Whereas  the  transnationalizatIon 
of  the  employment  relationship 
raises  problems  with  regard  to 
the  legislation applicable  to the 
employment  relationship  and  that 
it  is  In  the  best  interests  of 
the  parties  to  lay  down  the 
the 
conditions 
employment 
relationship 
envisaged; 

governing 

<? 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Member 

States 

agreements 

Whereas  Community  law  does  not 
preclude 
from 
applying  their  legislation,  or 
entered 
collective 
into by both  sides of  Industry  to 
any  person  who  Is employed,  even 
temporarily, 
their 
territory,  although  his  employer 
Is established  In  another  Member 
State*, whereas Community  law does 
not  forbid  Member  States  to 
guarantee  the  respect  of  those 
rules by  the appropriate means; 

within 

Council 

Whereas 
Directive 
71/305/EEC  Of  26  July  1971, 
concerning  the  coordination  of 
procedures  for  the  award  of 
public  works  contracts,*4*  as 
last  amended  by Council  Directive 
89/440/EEC,<5)  lays  down  strict 
rules  on  the  verification  of  the 
aptitudes of bidders on  the basis 
of  their  economic,  financial  or 
technical  capacities; 

Council 

Whereas 
Directive 
89/440/EEC  and  Council  Directive 
90/531/EEC  of  17 September  1990 
on  the  procurement  procedures  of 
entities  operating  in  the  water, 
energy, 
and 
sectors*6* 
telecommunications 
introduced  a  transparency  clause 
whereby  the contracting  authority 
may  provide  tenderers  with  the 
necessary  Information  concerning 
working  conditions  applicable  to 
the work  envisaged; 

transport 

ILO 

Whereas 
94 
concerning  social  clauses  in 
public  contracts  came  into  force 
on 20 September  1952; 

Convention 

Whereas  the Convention on the  law 
contractual 
to 
applicable 
obligations  opened  for  signature 
in  Rome  on  19  June  1980*7)  by 
eight  Member  States  came  into 
force  on  1  April  1991  in  the 
majority  of Member  States; 

(4) OJ  L  185 of  16.8.1971, p. 5. 
(5) OJ  L 210 Of  21.7.1989, p. 1. 
(6) OJ  L 297 of  29.10.1990, p. 1 
(7) OJ  L 260 Of  9.10.1980. 

Unchanged 

Unchanged 

Unchanged 

its 

Article 

If  he 

Whereas 
3 
establishes,  as  a  general  rule, 
the  free  choice  of  law  made  by 
the  parties;  whereas,  in  the 
absence  of  choice,  the  contract 
shall  be  governed  according  to 
Article  6(2), by  the  law  of  the 
country  In  which  the  employee 
habitually  carries  out  his  work 
in  performance  of  the  contract, 
even 
Is  temporarily 
employed  in  another  country;  or 
employee 
if 
not 
habitually  carry  out 
his work  In 
any  one  country,  by 
the  law  of 
the country  in which 
the place of 
business  through  which  he  was 
engaged  is  situated;  unless  it 
appears  from  the circumstances as 
a whole  that  the contract  Is more 
closely  connected  with  another 
In  which  case  the 
country, 
contract  shall  be governed  by the 
law of  that  country; 

does 

the 

Whereas,  according  to  Article 
6(1) of  the  said  Convention,  the 
choice of  law made by  the parties 
shall  not  have  the  result  of 
depriving  the  employees  of  the 
protection  afforded  to him by the 
mandatory  rules  of  the  law which 
would 
under 
paragraph  2  in  the  absence  of 
choI ce ; 

applicable 

be 

to 

law  stated 

Whereas, 
the 
according 
principle  of  precedence  of  the 
in  its 
Community 
Article  20,  the  said  Convention 
shall  not  affect  the  application 
of  provisions  which,  in  relation 
to  a  particular  matter,  lay  down 
choice  of  law  rules  relating  to 
contractual  obligations and which 
are or  will  be  contained  in acts 
institutions  of  the 
of  the 
or 
in 
Communities 
European 
national 
In 
harmonized 
laws 
implementation of such acts-, 

Unchanged 

Whereas  a  minimal  approximation 
of  the  labour  laws of  the Member 
States  has  already  taken  place; 
whereas, however, there are still 
differences  as  to  the  social 
rights guaranteed  by  the national 
laws 
collective 
and 
agreements  in force-, 

the 

^ 

must 

States 

Whereas, to this end,  the  laws of 
the  Member 
be 
coordinated  In order  to  lay  down 
a  nucleus  of  mandatory  rules  for 
minimum  protection  to be observed 
in  the  host  country  by  employers 
who  post  workers  to  perform 
temporary  work  In  the  territory 
of  a  Member  State  where  the 
services are provided; 

rules 

Whereas  untI I such  time  as  these 
socI a I rI a his  have 
differences  In 
converged, the 
laws of  the  Member 
coordinated  In 
States  must  be 
a  nucleus  of 
order  to  lay  down 
minimum 
for 
mandatory 
in  the 
protection  to  be  observed 
host  country  by employers who post 
workers  to  perform  temporary  work 
In the  territory  of a Member  State 
where  the  services  are  provided; 
whereas  such  coordination  can  be 
achieved 
Community  law; 

only 

Unchanged 

Unchanged 

orot< 

Whereas,  however,  the  mandatory 
rules for 
country must  not 
force  in the host 
prevent  application  of  the  terms 
and 
employment 
provided  for by  the  law applicable 
which  are  more  favourable  to 
workers; 

conditions  of 

the 

stability 
relationships 

of 
Whereas 
for 
employment 
short-term  postings should  not be 
hampered  with  respect  to  minimum 
rates  of  pay  and  minimum  paid 
hoi lays;  whereas,  therefore,  an 
exception  to  certain  provisions 
of 
the  Directive  should  be 
provided  for; 

Whereas,  however,  a  "hard  core" 
of  protective  rules,  clearly 
defined,  should  be  observed  by 
the  provider  of  the  services 
notwithstanding  the  duration  of 
the worker's posting; 

Not  foreseen 

Whereas,  to  attain  the  aims  and 
objectives  envisaged  by  this 
Directive, 
undertakings 
established outside  the Community 
must  be subject  to the same  "hard 
core"  of  protective  rules  with 
respect  to  their  workers  who 
carry  out  temporary  work  in  the 
territory of  a Member  State; 

to 

national 

Whereas  this Directive  Is without 
prejudice 
laws 
relative  to  the  hiring  out  of 
the 
to 
workers, 
functioning 
temporary 
employment  business,  as  well  as 
to  the  entry,  residence  and 
country 
employment 
workers. 

notably 
of 

third 

of 

to 

give 

Whereas.  without  prejudice  to 
other  provisions of: Community  law. 
this Directive  does not  entailthe 
Legal 
obligation 
recognition  to  the  e xI s t ence  of 
temporary  employment 
Qui.  does 
application  by  Member  States __ol 
their  laws  concerning  the  hiring 
out  of  workers  and. 
e m p l o y m e nt 
u n d e r t a k i n gs  not  e s t a b l I s h ed  Ln 
their 
o p e r a t i ng 
t h e r e in  In  the  f r a m e w o rk  of t he 
p r o v i s i on  of  s e r v i c e s; 

it  prejudice 

b u s i n e s s es 

territory 

temporary 

lu 

but 

Not  foreseen 

Not  foreseen 

the 

S t a t es 

D i r e c t i ve 

this 
neither 

shall 
W h e r e as 
a g r e e m e n ts 
affect 
c o n c l u d ed  by  the  C o m m u n i ty 
wjth 
third  c o u n t r i es  nor  t h e  laws  of 
the 
Member 
a c c e ss  to  its or  their  territory 
of 
of 
s e r v i c e s:  w h e r e as  this  D i r e c t i ve 
p r e j u d i ce  to 
a l so 
is 
national 
r e l a t i ng  to  the 
r e s i d e n ce  and  a c c es s  to 
e n t r y, 

without 
laws 

t h i r d - c o u n t ry 

c o n c e r n i ng 

p r o v i d e rs 

workers; 

Member 

S t a t es 

W h e r e as  competent  a u t h o r i t i es  in 
d i f f e r e nt 
must 
c o o p e r a te  w i th  each  other  in  tHa 
Pi recti V OL 
appl Icatlon 
p r o v i de 
w h e r e as  Member  S t a t es  must 
n  the 
for  a p p r o p r i a te 
remedies. 
with 
event  of  f a i l u re  to  comply 
this  D i r e c t i v e; 

this 

o_f 

W h e r e as  five  y e a rs  after  the d a te 
set  for the implementation  of  this 
D i r e c t i v e.  the  C o m m i s s i on 
must 
r e v i ew  Its  o p e r a t i on  w i th  a  view 
to  p r o p o s i n g,  w h e re  n e c e s s a r y, the 
a d e q u a te  a m e n d m e n t s. 

HAS  A D O P T ED  T H IS  D I R E C T I VE 

Article 1 

Article 1 

in 

This  Directive  shall  apply  to 
undertakings,  regardless  of  the 
State 
are 
which 
established, which exercise  their 
activities  In  the  framework  of 
the  provision  of  services  within 
the meaning of  the Treaty. 

they 

This  Directive  shall  apply  to 
employment  relationships  carried 
out  In  the  framework  of  Ihe 
seiLvJses  reietred  to 
provision  of 
the 
Article 
whether^ 
Is 
undertaking  providing  them 
established  In  a  Member  State  or 
In a non-Member  country. 

Article 2 

Article 2 

1. Unchanged 

(a) Unchanged 

(b) Unchanged 

This  Directive  applies  to  the 
extent 
undertaking 
referred  to  in Article 1: 

that 

an 

(a)  in the course of  carrying out 
work  or 
worker  to 
a  Member 
and  under 
that 
of 

a  contract 
for 
services  posts  a 
the  territory  of 
State  on  behalf  of 
the 
undertaking; or 

direction 

(b) 

user 

being  a  temporary  employment 
business places a worker with 
a 
undertaking 
established  or  having a place 
of  business  in  a  Member 
State,  In so  far  as  there  is 
an  employment  relationship 
between 
temporary 
employment  business  and  the 
worker  during  the  period  of 
posting; or, 

the 

(c) places  a  worker  with  one  of 
Its  establishments,  or  with 
another  undertaking  located 
in a Member  State,  in so  far 
as  there  Is  an  employment 
relationship 
the 
former  undertaking  and  the 
worker  during  the  period  of 
post ing. 

between 

(c) places  a  worker  with  one  of 
its  establishments  or  with 
another  undertaking  carrying 
out  work  in a Member  State, in 
so  far 
is  an 
employment 
relationship 
between  the  former  undertaking 
and  the  worker  during  the 
period of posting. 

there 

as 

Article 3 

Article 3 

the 

whatever 

Member  States  shall  see  to  it 
that, 
law 
applicable  to  the  employment 
relationship,  the  undertaking 
does not  deprive the worker of 
the  terms  and  conditions  of 
employment  which  apply  for 
work  of  the  same  character  at 
the  place  where  the  work  is 
out, 
temporarily 
provided  that: 

carried 

(a) they  are  laid  down  by  laws, 
and 
regulations 
provisions, 
administrative 
collective 
agreements  or 
arbitration  awards, covering 
the  whole  of  the  occupation 
concerned 
and 
having 
omnes" 
effect  and/or  being  made 
in  the 
binding 
legally 
industry 
and 
occupation 
concerned,  and 

industry 

"erga 

an 

1.  Member  States  shall  see  to  it 
that,  whatever  the  law  applicable 
to  the  employment  relationship, 
the  undertaking  referred  to  In 
Article  2  does  not  deprive  the 
worker of  the terms and conditions 
of employment  which  apply  for work 
of  the same character  at  the place 
where  the  work  Is  temporarily 
carried out, provided  that: 

(a) they  are  laid  down  by  laws, 
and 
regulations 
administrative provisions or 
by  collective agreements or 
arbitration  awards  within 
the meaning of par; 

(b) they  concern  the  following 

(b) they  concern  the  following 

matters: 

matters : 

(I)  maximum  daily  and  weekly 
hours 
rest 
periods,  work  on  Sundays 
and night  work; 

work, 

of 

(I)  maximum  dally  and  weekly 
hours 
rest 
periods, work on  Saturdays 
and  Sundays,  night  work 
and shift  work; 

work, 

of 

(ii) minimum  paid  holidays; 

(II) public 

holidays 

and 

(ill) the minimum  rates of pay, 
including  overtime  rates 
but 
and 
allowances, 
excluding 
benefits 
provided  for  by  private 
occupational  schemes; 

of 

(Iv) the  conditions  of  hiring 
out 
in 
particular  the  supply  of 
temporary 
workers 
employment  businesses; 

workers, 

by 

minimum  paid  hoiidays 

(ill) the minimum  rates of  pay, 
including  overtime  rates 
and a Ilowances; 

(iv) unchanged 

(v)  health, safety  and  hygiene 

(v) unchanged 

at work; 

>f3 

(vl)  unchanged 

measures 
the 
of 

with 
(vi)  protective 
working 
regard 
to 
pregnant 
conditions 
have 
women  or  women  who 
recently 
birth, 
children,  young  people  and 
other 
enjoying 
special 

groups 
protection; 

given 

(vii)  equality 

treatment 
of 
between  men  and  women  and 
of 
prohibition 
discrimination 
the 
grounds  of  colour,  race, 
re Iigion, 
o p i n i o n s, 
national  origin  or  social 
background. 

on 

(vll)  equality 

treatment 
of 
between  men  and  women  and 
of 
prohibition 
discrimination 
the 
grounds  of  colour,  race, 
re Iiglon, 
o p i n i o n s, 
national  origin,  social 
sexual 
background 
orientation. 

or 

on 

Paragraphs  K b)  (ii) and  (ill) 
shall  not  apply  to  employment 
relationships  referred  to  In 
Article  2  when  the  length  of 
the  posting  of  the  workers  is 
less than  three months, within 
a  reference  period  of one  year 
from  the  beginning  of  the 
posting. 
In calculating  the 
three-month  period,  account 
any 
should 
previous  periods  for which  the 
post  has  been  filled  by  a 
posted  worker. 

taken 

be 

of 

Paragraph  K b)  (ii)  and  ( I N) 
shall  not  apply  to  employment 
relationships  referred  to  in 
Article  2  when  the  length  of 
the  posting  of  workers  is  less 
a 
than  one 
reference  period  of  one  year 
from  the  beginning  of  the 
posting.  In  calculating 
the 
one-month  period, account  shaI I 
previous 
be 
periods  for  which  the  post  has 
been  filled by  a posted  worker. 

month.  within 

taken 

any 

of 

3. Not  foreseen 

3. Paragraph  1 
applicatlog. 
condltIons 
provided 

_JSha! I - no i_prevent 
and 
of  the  terms 
employment 
^1M 
law 
axe___jnore. 

ef__ 

by 
for 
IJS  ._wJiiclL 

favourable  to  w o r k e r s. 

4.  Not  foreseen 

4.  For  the  purposes  of  paragraph  1 
collectIvfl 
ar bit rat, ton 

XajL 

-OJL 

or 
the 
States 

point 
agreements 
those  which  must  ba 
awards mean 
a I I undertakings  In 
observed  by 
the  geographical  area  and  In 
ibfi  profession 
industry 
In 
concerned. 
absence 
Member 
thereof. 
may 
collectlve 
those 
nclude 
agreements  or  awards  which  are 
the 
general lv  applicable 
area  or  In  the  profession  or 
Industry  In  question,  provided 
that  their  application  to  the 
In 
undertaking 
Article  2  ensures  eeualltv  of 
treatment  on  matters  Itemised 
under  paragraph  ]  point 
ihl 
between  that  undertaking  and 
undertakings 
national-level 
being  In a similar  position. 

referred 

in 

to 

Article 4 

Article  4 

Not  foreseen 

2.  Not  foreseen 

between 

1•  Member  States  shall  provide  for 
coopérât Ion 
pub I ic 
authorities  in matters  relating  to 
the  application  of  this  Directive. 
To  this  end  they  shall  designate 
liaison 
relevant 
offices.  The 
details  shall  be  notified  to  the 
other  Member  States  and  to 
tM. 
CommissIon. 

recuest 
concerning 

2.  The  assistance  referred  to  In 
paragraph 
1  shall  consist  LQ 
particular  In  replying  to  any 
10JL 
reasoned 
information 
the 
working  conditions  applicable 
to  posted  workers  In  accordance 
with  Article  3  and  the  cross-
border 
workers. 
including  apparent  abuses  ox 
possible 
unlawful 
cross-front ier 
activities. 
administrât ive 
Mutua 
assistance  shall  be  provided 
free  of  charge 

supply 

cases 

ol 

of 

3.  Not  f o r e s e en 

4< 

fey. 

Member  states shall  ensuo 
official 
information  on. 
c o l l e c t i ve  a g r e e m e n ts  w h i ch a ra 
g e n e r a l ly  a p p l c l a b le  w i t h in the 
meaning  oj  Article  ai4j_ia 
c o m p e t e nt 
§ 
PUb)  I s h ed 
read  LLLY 
and 
a u t h o r i ty 
Ite  undertaking 
available 
referred 
2^ 
Ln  A r t i c le 
Fal M no  sjucj]  Information  the 
Undertaking  In  Question  shall 
not  _fee_ 
bound 
a b o v e m e n t l o n ed 
agreements. 

the 
Jtf-
collectlve 

to 
to 

A r t i c le  S 

A r t i c le  S 

Not  f o r e s e en 

Member  States  shaJ!  provide  for 
appropriate  remedies  in the  event 
o_f  fal lure  to  Cpmp 1 y  with  this 
Directive  and  In  particular  shall 
ensure  that  adeouate 
procedures 
exist  at  the.  suit  of  workers 
and/or  their  representatives  for 
the  enforcement  of  obligations 
under  this DirectIve 

Article 4 

Article  6 

Member  States  shall  bring  into 
force  the  laws,  regulations  and 
administrative 
provisions 
necessary  to  comply  with  this 
Directive  by 31 December  1992  at 
the 
Immediately 
Commission  thereof. 

latest.  They 

shall 
the 

inform 

s» 

When  Member  States  adopt  these 
p r o v i s i o n s,  these  shall  contain 
a  reference  to  this  D i r e c t i v e, 
or  shall  be  accompanied  by  such 
reference  at  the  time  or  their 
publication.  The 
official 
reference 
procedure  for  such 
shall  be  adopted  by 
Member 
States. 

Member  States  shall  bring 
into 
force  the  laws,  regulations  and 
provisions 
administrative 
necessary  to  comply 
this 
with 
years  after  Its 
Directive  i w£ 
latest.  They 
adopt Ion  at  the 
shall 
the 
immediately 
Commission  thereof. 

Inform 

Unchanged 

Article  7 

Article  7 

Not  foreseen 

years 

Five 
tnfi  Period 
after 
referred  to  in  Artlde  6  Ulft 
the 
Commission 
operation of this Directive with a 
view 
where 
necessary,  suitable  amendments. 

proposing. 

review 

shall 

to 

Article S 

Article 8 

This  Directive  is  addressed  to 
the Member  States. 

This Directive 
Member  States. 

Is addressed  to the 

.A t 

ISSN 0254-147Î 

CGM(93)2?5  final 

sr* 

EN 

Catalogue number : CB-CO-93-256-EN-C 

ISBN 92-77-55945-4 

Office for Official Publications of the European Communities 
L-2985 Luxembourg