Revision of the EU Posting of Workers Directive, Social Dumping and Trade Unions’ Position

Abstract

In 2016, the European Commission proposed a revision of the Posting of Workers Directive and it led to a great deal of debate, with a sharp East-West division in the political reactions. The proposal aimed at eliminating certain kinds of social dumping, arguing that the same work in the same place would get the same pay. Ministers and parliaments in several Central and East European countries raised their voice against the revision. Employers' organizations were generally negative, while the trade union confederations at European level were positive but not uncritical; they wanted a more radical reform. No manifest East-West cleavage became visible in the trade union movement. Even in countries dismissive of the revision, the main labour organizations supported the dominant trade union responses.

Variations in Social Europe? National political parties' positions on EU‐level social regulations

“…This ruling created an uproar and fueled views in some Western Member States that social dumping through posting was legitimised (ibid.). Conversely, when the PWD was being revised in 2018 due to pushback, national politicians in Central and Eastern Member States were strongly opposed to the revision as it may weaken intra-EU labour mobility for their workers (Furåker & Larsson, 2020). In short, these examples illustrate a potential East-West divide on Social Europe stemming from differences in wage and welfare across Members States.…”

“…MEPs from the former group of Member States were more opposed to stricter regulations for upwards wage convergence than MEPs from the latter group of Member States. MEPs from Western European Member States sought stricter regulations than MEPs from Central and Eastern European Member States out of concerns about social dumping (Furåker & Larsson, 2020, p. 114; Vesan & Corti, 2019, pp. 988–989; see also Bernaciak, 2016).…”

Duty of care for business travel: how do employers assess and manage business travel risk?

“…From a financial perspective alone, it is estimated that the average cost of a medical evacuation for an employee traveling abroad is $25,000–$30,000, whereas a three-day business trip may average more than $4,000 (Jacobson, 2019). Moreover, several national and international legislative frameworks such as the UK Health and Safety at Work Act 1974, the US Occupational Safety and Health Act of 1970 and the 89/391/EEC Council Directive impose a duty on employers to ensure employee health and safety in every aspect of their employment, including travel, temporary and longer-term postings and the obligation to prevent occupational risks, provide information and training related to potential occupational risks and the necessary means for protection (Furaker and Larsson, 2020). Therefore, there is an obvious need for employers to adopt a strategic approach to managing business travel risks (Brossman, 2016).…”