On 29 May, the European Parliament approved the Report on Posting of Workers in Plenary.
ESBA welcomes any initiative that intends to ensure the protection of workers and high employment across the European Union. It is important to safeguard the principle of equal treatment and to tackle fraud and illicit practices. However, the possibility to post workers across the EU is very important to small businesses to facilitate their participation in the increasingly important Internal Market.
Therefore, we must ensure that legislation does not become unjustifiably burdensome for SMEs, as it this may reduce their ability to grow and create employment. Especially when an initiative seeks to set stricter rules, it is vital to assess whether this is absolutely necessary. ESBA believes that such an assessment cannot be done properly without having studies the implementation report, which has yet to be published. By rushing the file, we run the risk of creating undue burdens on Europe’s smallest companies.
Particularly, in long term postings exceeding 12 months, these burdens will increase significantly, when small companies will have to deal with local labour law. Having to deal with all these different sets of rules will increase legal uncertainty and administrative difficulties for small businesses that post their workers in a compliant manner.