Posting of workers in the framework of the provision of services: implementation of Directive 96/71/EC

The European Parliament adopted a resolution based on the own-initiative report drafted by Anne-Karin GLASE (EPP-ED, D) on the application of Directive 96/71/EC. (Please see the document dated 27/11/03.) Parliament asked the Commission to examine constructive legislative solutions which could lead to the prevention and elimination of unfair competition and social dumping as a consequence of the abuse of posting of workers. Parliament also called for a fundamental assessment - in the light of both national and European case law - of the Directive's implementation in relation to the practical interpretation of certain concepts and definitions from the Directive. These include minimum wage inclusive of overtime, minimum number of paid holidays and work and rest periods, and workers subject to posting, as well as the Directive's implementation through collective labour agreements. It asked for consideration also to be given to the impact of solutions being urged in Member States for certain problems in relation to subcontractors and the system of ultimate liability for the payment of taxes and other contributions.�