Written Answers. - EU Directive on Wages.
Thomas P. Broughan
Ceist:
106
Mr. Broughan
asked the
Minister for Enterprise and Employment
the Government's plans, if any, regarding the proposed new EU directive on EU workers' wage rates when workers are employed outside their home country.
[7167/95]
I assume the Deputy is referring to a proposal for a directive concerning the posting of workers in the framework of the provision of services.
The directive was proposed by the European Commission with the objectives of: facilitating the free movement of services by increasing the legal certainty in the conditions applying to workers posted to member states; setting up a list of mandatory rules which should be complied with in the host country by undertakings which post workers to perform temporary work in the host country; eradicating practices detrimental to fair competition between national and foreign undertakings and protecting posted workers.
The draft directive does not cover all workers employed outside their home country. It applies only to undertakings that post workers to another member state to provide temporary services in that member state. Consequently, it does not cover persons who go abroad to look for jobs on their own initiative i.e. migrant workers.
The draft directive has been under negotiation since 1991 and the original proposed provisions have been amended during this period. The provisions, as currently drafted, would oblige undertakings which post workers to another member state, referred to as the host member state, to apply the labour legislation of the host country to those workers. In addition, in the case of workers in the construction industry, undertakings would also be obliged to apply the terms of collective agreements which are generally applicable in the host country. The draft directive would allow each member state to extend the requirement to comply with collective agreements to other sectors.
The following conditions of employment are specifically covered by the draft directive but each member state would be allowed to extend this list if they so wished: minimum annual paid holidays; minimum rates of pay and overtime; working time and rest periods; conditions of placement of workers by temporary employment business; health and safety at work; protection of pregnant and nursing women, children and young people; equality on grounds of sex and other provisions on non-discrimination.
Ireland, in principle, supports the draft directive. However, certain modifications put forward by other member states to the directive as originally proposed by the Commission have caused some concern as they give rise to uncertainty, are too bureaucratic and will not assist in achieving the objectives of the directive.
Ireland's concern with the text of the directive, as currently proposed, were reiterated at the Social Affairs Council on 27 March. A number of other member states also had difficulties with the revised text and the Presidency decided that further discussions should take place with a view to exploring possible solutions in advance of the next Social Affairs Council in June 1995. During those negotiations, Ireland will continue to try to ensure that a reasonable balance is reached between the need to protect posted wokers and the need to avoid imposing unnecessary administrative or cost burdens on undertakings which post workers abroad.
