On 22 October, EBC represented SMEunited in the 4th Forum on the Posting of Workers organized by the European Labour Authority (ELA) in Bratislava, Slovakia. Senior Policy Officer Spyros Mathioudakis participated in the round table, featuring representatives of Member State’s Labour Ministries, national inspection authorities, as well as European horizontal and sectorial social partners.
The European Commission and ELA initiated the meeting by sharing information about ongoing initiatives in the area of the posting of workers. The presentation of the Commission’s report on the application and implementation of the Directive (EU) 2018/957 was followed by a discussion on the conclusions of the report. The posting of Third Country Nationals (TCNs) was also discussed, with ELA giving an update on its workstream on TCN, envisaging the development of a handbook on national practices. The discussion continued tackling ELA’s report on contracting chains and recruitment patterns of posted TNCs within the EU, focusing on subcontracting and posting, including on national practices and policies on subcontracting. Lastly, an update on the mapping of PD A1 application tools and procedures as well on the collaboration between ELA and the European Commission’s Administrative Commission’s Steering Committee on Fraud and Error was given, followed by an exchange of views and practices among participants.
Among key discussion points was the topic of subcontracting. Indicatively, the European Trade Union Confederation (ETUC) explained that sometimes subcontracting can have three vertical layers, but the third layer can have 12 companies or more at a horizontal level, which can be a source of major problems. FIEC on the other hand emphasized that situations differ among Member States, citing the example of Germany, where temporary workers are not allowed in construction, thus making subcontracting necessary. The EFBWW noted that subcontracting in construction can reach several layers, resulting in significant difficulties. Different participants mentioned a bad practice repeatedly observed by companies operating in bad faith, which consists in declaring bankruptcy once they fulfil their alleged subcontractor’s activity, thus enabling them to “disappear” and not get controlled by competent authorities.
EBC will continue to follow and be part of the debates on posting of workers and subcontracting in the construction value chain.
  @EBC | To consult the European Commission’s report on the application and implementation of the Directive (EU) 2018/957, click here |
