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Update on posting of workers in Europe


An EU committee has advised that drivers on international haulage operations should be exempt from ‘posting’ regulations


The European Union has been conducting a review of the legislation governing many aspects of the European road sector. One of the most contentious issues relates to the posting of workers and whether or not drivers, etc, should or should not be regarded as ‘posted workers’. A posted worker is an employee who is sent


by his employer to carry out a service in another EU member state on a temporary basis. There has been considerable debate within the EU as to whether drivers are posted workers, as defined by Council Directive 96/71/EC


‘Posted worker’ rules These rules establish that, even though workers posted to another member state are still employed by the sending company, and therefore subject to the law of that member state, they are entitled by law to a set of core rights in force in the host member state where they are ‘posted’ to work.


12 On 5 June 2018, the European Parliament’s


transport & tourism committee (Tran) decided to exempt drivers engaged in international haulage operations from any posting regime. CLECAT, our European trade representative body has lobbied the Commission to exempt drivers from being regarded as posted workers and welcomed this decision, a view supported by BIFA.


Facilitating transport operations It is the only logical way to keep rules on international transport simple, uniform, clear and easily enforceable, so that they facilitate transport operations, protect the workers employed in this industry and ensure a fair competitive environment. Now that the Tran committee has reached this


conclusion, it is important that the European Parliament and Council follow suit and confirm as soon as possible that international road


transport activities are not subject to posting of workers rules. Going forward this decision to exclude


international road transport from posting rules is very important because it: • Confirms the importance of the internal market for transport;


• Recognises the transnational character of road transport activities;


• Helps enforcement by national authorities who should focus their attention on fighting illegal practices in road freight transport (such as nomadic drivers);


• Brings clear benefits to SMEs in the road freight transport and logistics sector as they would otherwise be faced with a disproportionate administrative burden on the large intra-EU trade;


• Supports growth in the EU, as international transport is key for the EU’s competitiveness and for EU citizens who have the right to benefit from competitive transport providers that are not hindered by unenforceable and disproportionate legislation. As this legislative change will become


effective prior to the UK’s leaving the EU, it will have an impact on our road haulage sector, certainly in the short run. The implications in a post-Brexit environment are less clear, but as there has been much talk about regulatory convergence in both the road and other areas, the belief is that it will have some effect, although the precise nature is unclear.


July 2018


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