WRITTEN QUESTION E-2243/00 by Jonas Sjöstedt (GUE/NGL) to the Commission. Problems in implementing the posting of workers Directive.
Date: 2000-07-05
Institutions: European Parliament, Provisional data
Subjects: EC Directive, Germany, building industry, labour law, labour mobility, migrant worker, transnational corporation, working conditions

C 81 E/178

Official Journal of the European Communities

EN

13.3.2001

(2001/C 81 E/227)

WRITTEN QUESTION E-2243/00

by Jonas Sj(cid:246)stedt (GUE/NGL) to the Commission

(5 July 2000)

Subject: Problems in implementing the posting of workers Directive

In response to problems affecting pay and working conditions in the construction industry in Germany,
minimum wage legislation was introduced following an agreement between the two sides of industry.
The implementation of the EU Directive on the posting of workers also sought to regulate the immigration
of workers, and the said conditions. The problem of legislating in this area is that the resources of the
authorities and the trade unions are inadequate to ensure compliance with the legislation.

(cid:145)Social dumping(cid:146) is apparently occurring on a large scale, with the use of illegal labour, and with some of
the workforce employed outside the rules and agreements in force. This conflicts with the requirement of
equal treatment of workers, regardless of their country of origin, and the requirement for competition on
equal terms, regardless of the contractor(cid:146)s country of origin. Is the Commission aware of these problems in
the German construction industry, and what action does it intend to take?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(7 September 2000)

Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the
posting of workers in the framework of the provision of services lays 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 (1). These mandatory
rules include paid holidays and minimum wages.

Under this Directive, Member States must ensure cooperation between the public authorities which are
responsible for monitoring the terms and conditions of employment referred to. In addition, Member
States must take appropriate measures in the event of failure to comply with the provisions of this
Directive and, in particular, make sure that adequate procedures are available for the enforcement of the
obligations in question.

is therefore the responsibility of

It
Community provisions and, where necessary, to punish failure to comply with these provisions.

the national authorities,

to monitor the application of

firstly,

it must be emphasised that the legal mechanism created by the Directive does not affect the

Finally,
conditions of entry of third-country nationals into a Member State.

(1) OJ L 18, 21.1.1997.

(2001/C 81 E/228)

WRITTEN QUESTION P-2244/00

by Josu Ortuondo Larrea (Verts/ALE) to the Commission

Subject: Albacore tuna fishing in the North Atlantic

(29 June 2000)

The Commission has presented its proposal for a regulation establishing technical measures to correct the
situation of certain populations of highly migratory species.

Amongst other things the regulation incorporates the 1998 and 1999 ICCAT (International Commission
for the Conservation of Atlantic Tunas) recommendations on restricting fishing capacity or effort in respect
of albacore tuna by limiting the number of vessels which will in future be allowed to fish to the average
recorded during the 1993-1995 period.