P8_TA(2018)0213 Posting of workers in the framework of the provision of services ***I European Parliament legislative resolution of 29 May 2018 on the proposal for a directive of the European Parliament and of the Council amending 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 (COM(2016)0128 – C8-0114/2016 – 2016/0070(COD)) P8_TC1-COD(2016)0070 Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Directive (EU) 2018/… 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
Date: 2018-05-29
Institutions: Committee on Employment and Social Affairs, Committee on Legal Affairs, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: equal treatment, expatriate worker, free movement of workers, freedom to provide services, labour law, posted worker, provision of services, remuneration of work, single market, working conditions








C_2020076EN.01022601.xml










9.3.2020   


EN


Official Journal of the European Union


C 76/226






P8_TA(2018)0213
Posting of workers in the framework of the provision of services ***I
European Parliament legislative resolution of 29 May 2018 on the proposal for a directive of the European Parliament and of the Council amending 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 (COM(2016)0128 – C8-0114/2016 – 2016/0070(COD))
(Ordinary legislative procedure: first reading)
(2020/C 76/32)

The European Parliament,







—


having regard to the Commission proposal to Parliament and the Council (COM(2016)0128),










—


having regard to Article 294(2), and Article 53(1) and Article 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0114/2016),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the reasoned opinions submitted, within the framework of the Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Bulgarian Parliament, by the Czech Chamber of Deputies and the Czech Senate, by the Danish Parliament, by the Estonian Parliament, by the Croatian Parliament, by the Latvian Parliament, by the Lithuanian Parliament, by the Hungarian Parliament, by the Polish Sejm and the Polish Senate, by the Romanian Chamber of Deputies and the Romanian Senate and by the Slovak Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,










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having regard to the opinion of the European Economic and Social Committee of 14 December 2016 (1),










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having regard to the opinion of the Committee of the Regions of 7 December 2016 (2),










—


having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 11 April 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,










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having regard to Rules 59 of its Rules of Procedure,










—


having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on the Internal Market and Consumer Protection and of the Committee on Legal Affairs (A8-0319/2017),












1.


Adopts its position at first reading hereinafter set out;












2.


Takes note of the statement by the Commission annexed to this resolution;












3.


Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;












4.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 75, 10.3.2017, p. 81.

(2)  OJ C 185, 9.6.2017, p. 75.




P8_TC1-COD(2016)0070
Position of the European Parliament adopted at first reading on 29 May 2018 with a view to the adoption of Directive (EU) 2018/… 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

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2018/957.)






ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT BY THE COMMISSION

Article 3(7), second subparagraph, of Directive 96/71/EC as amended by the Directive adopted today, lays down that allowances specific to the posting shall be considered to be part of remuneration, unless they are paid in reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging. It also provides that “[t]he employer shall, without prejudice to point (h) of the first subparagraph of paragraph 1, reimburse the posted worker for such expenditure in accordance with the national law and/or practice applicable to the employment relationship”.
The Commission understands that the “national law and/or practice applicable to the employment relationship” is in principle the national law and /or practice of the home Member State, unless otherwise determined in accordance with EU rules on private international law. In the light of the Court's judgment in Case C-396/13 (paragraph 59), reimbursement also covers the situation where the employer defrays costs of the workers without the latter having first to pay them and then seek to have them reimbursed.
The Commission notes that the Directive adopted today foresees that, because of the highly mobile nature of work in international road transport, the revised rules on posting will apply to that sector only from the date of application of a legislative act amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector.
The Commission calls on the European Parliament and the Council to adopt that act swiftly in order to adapt the rules to the specific needs of posted workers in the sector while ensuring proper functioning of the internal road transport market.
Until the date of application of the sector-specific legislative act, Directive 96/71/EC and Directive 2014/67/EU remain in force in road transport. These legislative acts do not apply to road transport operations which do not constitute posting.
The Commission will continue to closely monitor the proper enforcement of the current rules in particular in the road transport sector and where appropriate take action.