B4-0858/95

Resolution on the posting of workers in the framework of the provision of services

The European Parliament,

-having regard to the 1989 social action programme (COM(89)0568),

-having regard to the Commission proposal for a Council Directive on the posting of workers in the framework of the provision of services (COM(91)0230),

-having regard to its opinion at first reading delivered on 15 February 1993,

-having regard to the Commission's amended proposal (COM(93)0225),

A.whereas the establishment of labour regulations governing the posting of workers in the framework of the provision of services within the Community is an essential feature of the social dimension of the single market,

B.whereas, given the differing working conditions in force in the Member States, workers may be the victims of unfair competition if the wages and working conditions of posted workers are inferior to those of workers employed at the place where the work is done,

C.whereas it has on many occasions reaffirmed its commitment to intervention via Community legislation in this field,

D.whereas, according to the OECD report 'Employment Outlook 1994', lowering the standard of labour regulations does not improve economic performance or job creation - in fact the opposite is true,

E.whereas any arrangement other than the application of local labour regulations from the first day on which a worker is posted imposes a crushing administrative burden on the national civil services responsible for verifying the duration of contracts, the composition of work teams, etc.,

F.whereas successive Council presidencies have stressed the priority to be given to this issue, without reaching an agreement,

G.whereas the European Parliament has joint responsibility for this proposal for a directive, since it is now subject to the codecision procedure,

1.Calls on the Council to agree that the wages and holidays of posted workers should be governed by the principle of lex locis;

2.Calls on the Commission to work constructively on a compromise proposal, with a deadline of less than one month, so that an agreement can be reached within the Council by a qualified majority;

3.Calls on the Member States to affirm their common interests within the Council rather than their differences;

4.Calls for the Council and Commission, under the codecision procedure, to take greater account in their deliberations of the amendments proposed by Parliament;

5.Calls on the Council to agree, at the next meeting of the Social Affairs Council, on a common position on the posting of workers in the framework of the provision of services;

6.Emphasizes once again its concern at the deadlock in the social sector at European Union level, because of the legislation pending before the Council, the Commission's reluctance to promote use of the protocol and the inadequate nature of the new social action programme, which does not contain a demand for a fresh boost to be given to social legislation in Europe;

7.Instructs its President to forward this resolution to the Council and Commission.