Report on the application and implementation of Directive 2014/67/EU on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services

Summary:

Report presented on 25 September 2019 by the European Commission reviewing the application and implementation of Directive 2014/67/EU and reflecting on the effectiveness in practice of the measures taken by Member States.

Further information:

The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the European Union. Directive 96/71/EC (the Posting of Workers Directive) implements those principles with the aim to guaranteeing a level playing field for businesses and respect for the rights of workers. Directive 2014/67/EU (the Enforcement  Directive) establishes a common framework of a set of appropriate provisions, measures and control mechanisms necessary for better and more uniform implementation, application and enforcement in practice of Directive 96/71/EC.

This report assesses certain provisions of the Enforcement Directive in particular, namely those regarding identification of a genuine posting and prevention of abuse and circumvention; mutual assistance; administrative requirements and control measures; subcontracting liability; and cross-border enforcement of financial administrative penalties and/or fines, as well as the adequacy of data available and the use of bilateral agreements or arrangements related to the Internal Market Information System.

EUR-Lex: SWD(2019)337: Commission Staff Working Document accompanying COM(2019)426 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2019:337:FIN

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