The representatives of employers in the working team for labour law in the Social Dialog Council have presented their position on the suggested amendments to the 96/71/WE directive on delegating employers to Viceminister of Family, Labour and Social Policy Stanisław Szwed. Employers negatively assess the proposition in this respect presented by the European Commission and hold it to be political and detrimental to the idea of the common market.
In the opinion of employers’ organizations, introducing the solutions included in the draft, particularly the 24-month delegating limit and the equal pay principle, will significantly restrict the freedom of providing services. It will also contribute to eliminating companies employing their own employees to provide trans-border services from the market. The so-called new EU states – including Poland which delegates the most employees – will suffer the most. This will surely worsen the situation of employees in these countries.
Moreover, the draft is in no way aimed at more efficient elimination of abuses. It will also help the growth of the grey market through eliminating entities operating fully legally. Through the use of ambiguous notions, the drafted amendments are also complicating the already existing regulations. This will create more formalities and expenses for employers delegating employees, as well as inequality and barriers in the freedom of providing services. As a result, the price of services in the EU will increase.
Furthermore, employers consider the initiative of be European Commission to be in conflict with the subsidiarity principle and remind that it was not preceded with social consultations. It is also premature in the context of the ongoing implementation of the 2014/67/UE directive. Member states have to implement it by June 18th – the legislative process is underway in Poland as well.