Posting of Workers: Declaration of the EESC Workers' Group on the use of the 'yellow card' procedure

MIL OSI – Source: European Economic and Social Committee –

Headline: Posting of Workers: Declaration of the EESC Workers’ Group on the use of the ‘yellow card’ procedure

The EESC Workers’ Group is very critical of the “yellow card” procedure which is being used by a group of countries to totally destabilise the Commission’s proposal on the revision of the Posting of Workers’ Directive. We believe this is an abuse of the legal possibilities offered by the Treaties as the Commission proposal does not go against the principle of subsidiarity. Moreover, it is very clear that posting of workers must be regulated at the European level. Posting is a cross-border phenomenon which concerns all Member States and should be addressed in a converging way in order to avoid disparities in the interpretation and implementation of the legal instrument in particular to ensure ‘equal pay for equal work at the same place of work’, as promised by President Juncker on several occasions. It seems that the initiative of this group of countries is to block the proposal to eliminate the legal loopholes in the existing directive and to continue to allow social dumping and unfair competition. If this happens, the Single Market will be associated with unfair and discriminatory practices which will lead to a further fragmentation of the labour market and undermine the whole European project. We therefore appeal to the Commission to continue with this crucial initiative and to deliver on Commissioner’s Thyssen’s commitment to deliver fair labour mobility in Europe as soon as possible.

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