Meeting of Employment, Social Policy, Health and Consumer Affairs Council (EPSCO Council) in Luxembourg

On October 23^rd, Minister Elżbieta Rafalska and Deputy Minister Stanisław Szwed participated  in the meeting of Employment, Social Policy, Health and Consumer Affairs Council (EPSCO Council) in Luxembourg.

After long and difficult negotiations the Council reached a General approach on the revision of Posting of Workers Directive.

“During negotiations Poland didn’t reached a satisfactory compromise. From Polish point of view however, the positive thing in the adopted directive is, inter alia, the provision of 4 years transitional period.  This is a relatively long period that will give service providers time to get acquainted with the new regulations and adapt to new solutions.”- Minister Rafalska underlined.

With reference to the revision of Posting of Workers Directive the Council also decided on:

-providing the remuneration for  posted workers in accordance with host Member State law instead of the currently in force  minimum  rates of pay ,

- deleting from the amended Directive the provisions concerning subcontracting as well as reference to the anticipated period of posting,

- maintaining the principle that the cost of travel, board and lodging of posted workers should be paid in accordance with the laws of the sending Member State and not the host Member State,

- introduction of a provision on the mitigation of employer liability if it complies with erroneous remuneration  information (and possibly other labour conditions) published on single national website.

As for the long-term posting it was decided that it should  be a total of 18 months (12 + 6 on the basis of a motivated notification by the service provider).

EPSCO Council has also reached the partial General approach on the revision of Regulations on Coordination of Social Security Systems and adopted the Proclamation of the European Pillar of Social Rights.