Negotiations on the implementing directive concerning the posting of workers have moved into a new phase: after three three-way meetings, representatives of the European Parliament, Council and Commission embarked, on 30 January, on discussions on one of the most contentious articles of the draft legislation, namely administrative requirements and control measures (Article 9). The meeting, which lasted over ten hours, nevertheless dealt with details without addressing the real question, ie the introduction of a list, closed or otherwise, of control measures to be applied by all host member states at the request of the state of establishment of the posted worker.

The text under discussion, presented in March 2012, aims to improve the implementation, monitoring and enforcement of a core set of working conditions for posted workers (laid down in Directive 96/71/EC) and to tackle abuse. It sets rules for situations where a worker is sent by his employer for a limited time to work in an EU member state other than the one where he usually works. At present, the negotiators are almost in full agreement on the purpose of the implementing directive (Article 1), definitions (Article 2), the role of liaison offices (Article 4) and improved access to information (Article 5).

As regards Article 9 concerning control measures, the Committee on Employment (EMPL) supports a list with a series of control...

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