Road transport needs to be covered by posting of workers rules
In a joint letter to the Commissioner of Employment Marianne Thyssen and Commissioner for Transport Violeta Bulc, the 11 leading organisations for road transport and logistics operators in the EU are urging the Commission to make sure, that the Council meeting for Employment and Labour ministers on Monday October 23, 2017 does not take hasty and unconsidered decisions on how to apply the rules for posting of workers to transport. In particular the letter states that excluding international transport from posting of workers is not that simple.
The organisations are concerned about the possibility for an operator from country A to carry out transports between countries B and C, possibly also with D and others, combined with cabotage in one or all of these countries. As long as the operator stays in these countries below the proposed day-limits of 5-7-10 days or does not stay longer than 24 hours in one country (as proposed by the some Member States) they can move around from country to country without ever being subject to the rules for posting of workers.
Thus the EU will not have managed to fight social dumping in the road transport sector and one of the main purposes of the Mobility Package will have fallen to the wayside. Indeed, it can make any further discussion on the Mobility Package even more complicated and Member States more reluctant to make compromises.
The letter continues that the impact on fair competition, reduction of the administrative burden, the shortage of drivers, the reduction of empty runs will most certainly be negative. Past experience shows that this will lead to even more of a patchwork of national solutions, by Member States trying to solve the problems by whatever means they have available. This patchwork is a huge administrative burden for the road transport sector.
The 11 leading transport organisation urge the Commission to not accept the proposals that have been circulated and to stand by the proposal in the Mobility Package as the basis for further discussion. Council should focus in the coming months on the discussion on how the Posting of Workers Directive should be applied on road transport, considering enforceability, administrative burdens and a proper functioning of the internal EU market. The letter calls for accept that such an important question for such an important industry as road transport needs and must have a proper discussion and analysis to find the right solutions.
"For NLA this is a very important signal to the Commission, the rest of the EU and other stakeholders. We can only find a solution for the future transport market in the EU through dialogue and accept of the concerns of each other. To try and force through discussions and even decisions at the Employment Council on Monday is regrettably a lack of respect for the road transport industry and a lack of understanding of what should be the internal market of the EU," comments CEO of NLA, Soren Larsen.