Activites

• 1997/01/21 Final act published in Official Journal
  • Directive 1996/71
  • OJ L 018 21.01.1997, p. 0001
• 1996/12/16 Final act signed
• 1996/12/16 End of procedure in Parliament
• #1948
• 1996/09/24 Council Meeting
• 1996/09/18 Decision by Parliament, 2nd reading
  • T4-0456/1996 summary

    In adopting the report by Mr Helwin PETER (PSE, D), Parliament approved the common position without amendment. �

• 1996/09/17 Debate in Parliament
  • Debate in Parliament summary

    The rapporteur, Mr Peter (PSE, D), welcomed the Directive that had been put forward by the Commission, which sought to eliminate unfair competition by ensuring that ‘posted’ workers did not receive lower wages and were not subjected to less favourable working conditions that those prevailing in the Member State in which they were practising their profession. While establishing that the Commission and the Council had taken note of Parliament’s demands, the rapporteur also wanted to see the directive applied to port dredging and navigation work. Commissioner Flynn had underlined the importance of protecting freedom of movement, while at the same time avoiding social and wage dumping. He was opposed to the amendment on the application of the directive to ‘ro-ro’ vessels transporting passengers and freight. In fact workers on board this type of vessel were not outside the terms of the Directive in question, and in any case ro-ro vessels came under the law on flag Member State; moreover, it was extremely rare to find cases in which a worker on board a vessel flying the flag of one Member State was transferred to a vessel flying the flag of another Member State. Finally, Commissioner Flynn gave his assurance that the Commission would see to it that Member States transposed the Directive into their legislation.

• 1996/07/24 Vote in committee, 2nd reading
  • A4-0265/1996
• 1996/06/20 Committee referral announced in Parliament, 2nd reading
• #1930
• 1996/06/03 Council Meeting
  • 06689/2/1996 summary

    The Council Common Position has been considerably influenced by the amendments adopted by Parliament at first reading and incorporates the main elements of the list of terms and conditions of employment applicable to workers posted in the framework of the provision of services. This list, which already featured in the Commission amended proposal, includes: - minimum rates of pay; - minimum paid holidays; - maximum hours of work and minimum rest periods; - conditions of hiring out of workers, in particular by temporary employment businesses; - health, safety and hygiene at work; - protective measures with regard to the working conditions of pregnant women or women who have recently given birth, children and young people; - equality of treatment between men and women. The Common Position introduces the possibility of allowing the Member States, within certain limits, to expand the list of terms and conditions of work (principle of the non-exhaustive list), in the case of public policy provisions. The Council also goes beyond the Commission and Parliament position by adding new provisions on the following points: - equal treatment between undertakings established in a Member State and in a third country; - non-application of the Directive to merchant navy undertakings as regards seagoing personnel; - the concept of a 'posted worker', the definition being that which applies in the law of the Member State to whose territory the worker is posted; - with regard to the possibility of waiving the right to minimum pay rates and/or minimum paid annual holidays, three derogations are provided: (1) when the length of the posting does not exceed one month, Member States may, after consulting employers and labour, in accordance with the traditions, decide not to impose a minimum rate of pay; (2) in the context of a contract for supply of goods (apart from building services), application of the provisions on a minimum salary and minimum paid annual holidays may be suspended if the workers (not temporary workers) are engaged in initial assembly and/or first installation of goods if the period of posting does not exceed eight days; (3) in general, the provisions on minimum paid holidays and the minimum salary may be suspended if the work to be done is not significant. The Directive may not oblige Member States who do not or do not wish to do so to apply a regulated minimum wage. However, all other national provisions must be applied to posted workers, respecting the principle of non-discrimination and the standards set by the Directive (eg safety at work, working hours etc.). The Common Position also specifies the following points: - the worker must be posted in the context of a transnational supply of services, which implies the existence of a contract concluded between the undertaking making the posting and the party for whom the services are intended; - in the building sector, provisions under collective agreements or arbitration awards will be applicable in the event of posting, to the extent that they have been declared universally applicable (Member States may include other sectors); - sectoral social institutions (e.g. building sector holiday funds) will be authorized to receive contributions and pay out benefits; they will be able to uphold their rights in the national courts; - posted workers will also have access to the relevant national jurisdiction for the place of work, during or after their period of posting. The Council has put back the proposed date for implementing the Directive from two to three years after adoption. �

• #1914
• 1996/03/29 Council Meeting
• #1892
• 1995/12/05 Council Meeting
  • 1892 summary

    The Council discussed the proposal for a directive concerning the posting of workers in the framework of the provision of services. One problem covered by the discussion was that of the time threshold, i.e. the non-­application to short-term postings of the host MemberState’s provisions regarding the minimum length of paid annual holidays and minimum rates of pay. The Council instructed the Permanent Representatives Committee to continue the discussions and to report back at a meeting in the near future.

• #1862
• 1995/06/29 Council Meeting
  • 1862 summary

    At the request of the Commission, the Council had a brief discussion on the proposal for a directive concerning the posting of workers in the framework of the provision of services. Commissioner FLYNN said he was prepared to make one last effort to help reach agreement on this important directive. The Council instructed the Permanent Representatives Committee to continue the discussion under the Spanish Presidency.

• 1995/06/15 Debate in Parliament
  • Debate in Parliament
  • T4-0302/1995
• #1836
• 1995/03/27 Council Meeting
  • 1836 summary

    The debate focused on: - the scope of the Directive; - the exhaustive or non-exhaustive nature of the list of terms and conditions of employment covered by the Directive; - the optional non­-application of provisions regarding minimum annual paid holidays and minimum rates of pay to short-­term postings of under one month. The Council instructed the Permanent Representatives Committee to continue discussing the matter in the light of this debate with a view to a decision at the Council meeting on 29 June 1995.

• #1813
• 1994/12/06 Council Meeting
  • 1813
• #1784
• 1994/09/22 Council Meeting
  • 1784 summary

    The "Labour and Social Affairs" Council held a policy debate on this proposal. The debate in particular related to: - the scope of the directive; - the possibility to provide or to allow, an initial period during which the provisions of the directive would not be applicable and, if necessary, the duration of such an initial period.

• 1993/06/15 Modified legislative proposal published
  • COM(1993)0225 summary

    The amended proposal from the Commission took account of a number of Parliament amendments, adopted at first reading, including: - an amendment specifying that the enterprises covered could expressly be established either in the Community or in a third country; - an amendment stepping up the applicability of collective agreements and arbitration rulings in this matter; - amendments introducing specific provisions to ensure cooperation by the public authorities of States of origin and host States in respect of matters connected with the implementation of the directive and the taking of adequate measures in the event of failure to comply with the future directive.�

• 1993/02/10 Decision by Parliament, 1st reading/single reading
  • T3-0083/1993 summary

    Parliament adopted by 187 votes to 115 with 18 abstentions the report by Mihail Papayannakis (Soc., GR) on a proposal for a directive concerning the posting of workers in the framework of the provision of services. Parliament also adopted by 231 votes to 131 with 4 abstentions an amendment tabled by the Committee on Social Affairs which provided that Member States should designate the competent authorities to monitor the application of the directive. Parliament wished for Member States to ensure that the competent authorities could apply remedies in order put an end to infringements of the provisions of the directive.�

• 1993/02/08 Debate in Parliament
  • Debate in Parliament summary

• 1993/01/26 Vote in committee, 1st reading/single reading
  • A3-0022/1993
• 1992/07/06 Decision by Parliament, 1st reading/single reading
  • COM(1991)0230 summary

• 1992/05/13 Decision by Parliament, 1st reading/single reading
  • T3-0277/1992 summary

• 1992/05/12 Debate in Parliament
  • Debate in Parliament
• 1992/04/15 Vote in committee, 1st reading/single reading
  • A3-0161/1992
• 1991/09/13 Committee referral announced in Parliament, 1st reading/single reading

Documents

• Committee report tabled for plenary, 1st reading/single reading: A3-0161/1992
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T3-0277/1992
• Decision by Parliament, 1st reading/single reading: COM(1991)0230
• Committee report tabled for plenary, 1st reading/single reading: A3-0022/1993
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T3-0083/1993
• Modified legislative proposal published: COM(1993)0225
• Debate in Council: 1784
• Debate in Council: 1813
• Debate in Council: 1836
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T4-0302/1995
• Debate in Council: 1862
• Debate in Council: 1892
• Council position published: 06689/2/1996
• Committee recommendation tabled for plenary, 2nd reading: A4-0265/1996
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 2nd reading: T4-0456/1996
• : Directive 1996/71
• : OJ L 018 21.01.1997, p. 0001

History

(these mark the time of scraping, not the official date of the change)