EU negotiators reached a deal Wednesday evening requiring companies to notify authorities before sending workers to other member states, with some exceptions.
New Rules for Posted Workers
Unions and national governments reached a compromise on the final shape of regulations coordinating social security systems. The agreement establishes a requirement to notify the host country before a worker is dispatched, though exceptions exist.
The Cypriot presidency led negotiations on behalf of member states, alongside representatives from the European Parliament. Member states must now approve the compromise, having previously rejected two prior negotiation outcomes between the presidency and the EP.
Notification Requirement and Concerns
A key point of contention was establishing the obligation to notify the receiving country before a worker is sent. This means that before an employee begins work in another EU member state, that state must be informed.
Some member states, including Poland, argue this could hinder worker mobility within the EU’s internal market. The European Parliament views it as essential to combat social dumping.
Exceptions to the Rule
The compromise includes exceptions to the prior notification requirement: it will not apply to business trips or deployments lasting up to three days within a 30-day period.
The construction sector will be treated as an exception, excluded from the three-day exemption.
Aim to Combat Social Dumping
The changes to social security coordination rules aim to ensure EU citizens can easily transfer their social security rights when living or working in another Community country.
The new regulations cover five areas, focusing on combating social dumping.
Parliamentary Reaction
Gabriele Bischoff, a German MEP and negotiator for the EP, hailed the agreement as a good day for millions of mobile workers.
She stated citizens will benefit from clearer and more predictable rules regarding social security coordination, strengthening cooperation between member states to prevent abuse and combat social dumping. She emphasized that free movement of workers must be coupled with fair and enforceable regulations.
Industry Concerns: A “Revolution” in Compliance
Marcin Kiełbasa, an expert from the European Institute for Labour Mobility, previously described the mandatory notification as a “revolution” that could complicate operations for both companies and posted workers.
He noted the practical difficulty of implementation, as A1 certificates—confirming a delegated worker’s social security coverage—often take longer to process than the worker’s deployment. He explained that employers may decide to send workers with little notice, and a certificate application submitted just before departure may not be available during a potential inspection.
