The international expert workshop within the project “Protect our workers” held in Warsaw
on 9 and 10 April 2019. The workshop was aimed at improving the knowledge of European
legislation relating to posted workers.
Revision of Directive 96/71 / EC started in 2016 and ended in June 2018 with the adoption
of Directive 957/2018 / EU. The changes are primarily related to the scope of Article 1 of that
Directive which includes workers who are employed through temporary employment agencies, as
well as leased workers.
The main motto is “equal pay for equal work”, which is necessary in a clear and transparent
manner in order to determine wages. This is about earning a gross amount which also includes
compensation for overtime work. The costs of accommodation and travel for posted workers are not
included in the earnings.
Member States shall ensure that companies, employing posted workers on their territory, on
the basis of equal treatment guarantee the conditions of employment which include the following
issues which are determined by the law and collective agreements in the Member State in which
the work is done: (a) maximum hours of work and minimum rest period; b) minimum paid annual
leave; c) compensation for the work, plus the overtime work; d) protection of health; f) protective
measures with regard to the conditions of employment of pregnant women, children, youth, and
equal treatment without discrimination.
Participants of the workshop, representatives of trade unions of Malta, Lithuania, Poland,
Romania, Slovenia, Serbia and ASITECO representative of Spain have pointed out that there are
differences in national legislation and tax systems. The differences are in the minimum wage, the
duration of overtime. The question is to apply the collective agreement – an agreement at the level
of the enterprise, branch or generally valid agreement. Participants have pointed out that there are
many abuses of the rights of posted workers – low earnings, poor housing conditions, and posting of
workers without an employment contract or without A1 form.
The opinion of the workshop participants is that revised Directive opens up greater
opportunities for regulating the rights of posted workers but issues of competition among
entrepreneurs from countries with lower economic performance remain, as well as the interpretation
of “the same salary for the same job.” The assumption is that it will increase the number of the so-
called self-employed who will actually work as workers for only one company.
There is a lack of statistics, and it is important that relevant institutions in the Member States
have the information on the number of posted workers and fully apply the Directive of 2014
(2014/67 / EU). Data on the posting terms are most commonly found on the websites of ministries
of labour, labour inspection as well as chambers of commerce, employers’ associations and trade
unions. It is a good practice to expand the network and use IMI (Internal Market
Information System), information points, the networking of trade unions and the expansion of
counseling network, which makes Slovenian example especially important – the introduction of
mediation labour inspectors who work on the conclusion of the agreement for the posting of
workers (said ZSSS representative). Responsibility in solidarity is certainly important for the
workers upon the payment of salaries, starting from the first contractors, subcontractors to the last
person in the chain of contracting services.
Agreements on mutual recognition of membership between the OPZZ (Poland) and some
trade unions in other EU countries (host countries) are also important, as well as the possibility for
posted workers from third countries to join the union and their ability to organize (forming trade
unions of Ukrainian employees working in Poland under the umbrella organization – OPZZ).
The challenge in the coming period will be to improve the informing of social partners and
the workers themselves through the information in their native languages, and to prevent the abuse
of working conditions for posted workers, payment of wages and health and safety at work. The
huge problem of drivers and transport workers should be resolved through a package of mobility.