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Posting of third-country nationals in the EU

Mad-Daqqa t’Għajn 04-10-2023

Under EU rules, EU citizens are free to reside and work in any Member State, and can be posted to any other EU country to provide a service job. By contrast, labour migration by third-country nationals (TCNs) is controlled by a different regulatory framework. However, Court of Justice of the European Union (CJEU) case law provides that TCNs with work and residence permits in one Member State may be posted across the EU to perform temporary work. The posting of TCN workers is increasingly being used ...

The EU has established a range of social measures applicable to the road transport sector, which aim at improving drivers' working conditions, road safety and competition. To give real substance to these measures, compliance is key. The 2006 Enforcement Directive was therefore adopted to effectively implement the social provisions of the Driving Time Regulation. The present proposal, published in the context of the European Commission's 2017 'Europe on the move' initiative, seeks to remedy some shortcomings ...

Road transport: Social and market rules

Mad-Daqqa t’Għajn 21-03-2019

In May 2017, to upgrade social and market rules in the road haulage sector, the European Commission put forward a set of three proposals: on driving times, posting and cabotage. In June 2018, the European Parliament's Committee on Transport and Tourism (TRAN) adopted its reports on these proposals and mandates to launch interinstitutional negotiations. However, the plenary rejected the mandates to start negotiations and subsequently the three reports, referring them back to the TRAN committee in ...

Revising the Posting of Workers Directive

Mad-Daqqa t’Għajn 25-05-2018

Posting of workers plays an increasing role in the internal market, particularly in the cross-border provision of services. The Parliament and Council reached agreement in trilogue negotiations on the targeted revision of the Posting of Workers Directive (96/71/EC) proposed by the European Commission. The agreement reached in March is scheduled to be voted by Parliament at first reading during the May II plenary session.

This study, prepared by Policy Department A at the request of the Committee on Employment and Social Affairs, provides a picture on current developments in the area of social security coordination in the EU. It assesses the functioning of coordination rules in areas targeted by the amendment proposal from the European Commission, and evaluates the proposal’s possible effects. The study highlights how some of the proposed changes could potentially impact fundamental principles of social security ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's Impact Assessment (IA) accompanying the above proposals, submitted on 31 May 2017 and referred to Parliament's Committee on Transport and Tourism. The aim of the proposals is to improve the application of social legislation in road transport, also including sector-specific rules for posting of workers, to facilitate fair competition between operators and enhance drivers' social conditions. ...

Economic recovery has reduced the unemployment rate in the euro area and the wider European Union, but there are still significant challenges for EU labour markets. These include increasing inequalities, the effect of the digital revolution and globalisation on jobs, the impact of the posting of workers abroad within the EU, persistently high youth and long-term unemployment, and integration of migrants. The European Commission is pushing ahead with its European Pillar of Social Rights package to ...

This briefing provides an update on the revision of the posting of workers directive in the European Parliament, and thus a follow up to the June 2016 study prepared for the EMPL Committee ‘Posting of Workers Directive - current situation and challenges’, the May 2016 EPRS appraisal of the Commission Impact Assessment ‘Revision of the Posting of Workers Directive’, and the March 2017 EPRS briefing ‘Posting of Workers Directive’.

This study was commissioned upon request by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs, upon request of the Committee on Legal Affairs. It provides a comprehensive update on recent developments on a European and national level concerning liability in subcontracting chains and the protection of workers involved in subcontracting chains. A strong focus lies on the existing European legal framework and recent developments in that regard. By assessing ...

The labour market in sweden is performing well: In 2016 the country had the highest overall employment rate in the EU and below-average unemployment. Of all European countries, Sweden has accepted the highest proportion of refugees in relation to its population.