The European Internal Market is the basis for extended business opportunities of craft enterprises and their employees. The freedom of movement for workers and the freedom to provides services are fundamental to the functioning, development and resilience of the EU single market.
The freedom to provide services includes the right of European skilled craft enterprises and their employees to temporarily provide services in the territory of another Member State. European law foresees a legal frame for the posting of workers aiming to guarantee a level playing field for businesses and respect for the right of workers. Experience shows that the transnational nature of the posting situation may involve fraud or abuses. Therefore, the European posting law provides preventing (i.e. PD A1) and combating (i.e. sanctions) measures aiming to reinforce the international dimension of inspections, inquiries and exchanges of information as well.
In 2020, the revised Posting of Workers Directive (EU) 2018/957 has been transposed into national posting law. These rules establish that, even though workers posted to another Member State are still employed by the sending company and subject to the law of that Member State, they are entitled to a set of core rights in force in the host Member State.
Information on posting conditions and measures is provided on European and national websites. Reporting portals shall help to reduce administrative burden. Qualitative requirements and a comprehensive standard for the provision of information set by European law, as well as guidance, try to keep the implementation of posting law manageable.
However, in practice the provision of information, the reporting obligations and control mechanism created new barriers. With respect to the amount of information, the different information processing and reporting tools, and various national systems for determining an appropriate renumeration, small craft enterprises nowadays find it increasingly difficult to post their employees with the necessary legal certainty.
ZDH is of the opinion, that only an effective and homogeneous implementation of the rules in and for practice - bare from bureaucracy - guarantees a level playing field for enterprises and ensures the protection of workers. Therefore, ZDH calls for
- easy information about the rules,
- user-friendly digital reporting portals
- smooth cooperation of EU Member States' services, and
- reasonable application of the rules.
Best practises exist!