Czech Chamber of Deputies

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 96/71/EC of The European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services

Scrutiny details

Subsidiarity deadline: 10/05/2016
Scrutiny Information

Scrutiny date: 31/03/2016

  A reasoned opinion has been sent

  Important information to exchange

No Veto

Information on parliamentary scrutiny

The document No. 6987/16 was submitted to the Chamber of Deputies on 11/3/2016.

The Committee for European Affairs decided on 17/3/2016 by its Resolution No. 251 to deliberate on the document and appointed the Vice-chairwoman Mrs. Kristýna Zelienková as rapporteur.

The Committee for European Affairs at its 49th meeting on 31/3/2016 by resolution No. 263

1. rejects the Proposal for a Directive of the European Parliament and of the Council amending Directive 967/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services;

2. supports the government Framework position on this proposal;

3. is, however, aware of potencial disadvantages and problems for the Czech Republic arising from this proposal, as the Czech Republic as a relatively newly acceding State still benefits from a competitive advantage in labor costs, and therefore this draft directive could endanger Czech companies,significant competitive advantage may be just labor costs;

4. is of the opinion that the draft directive does not comply with the principle of subsidiarity in the sense of the protocol (n. 2) on the application of the principles of subsidiarity and proportionality and adopts a reasoned opinion according to the protocol and furthermore considers that the draft directive is inconsistent with the principle of proportionality. In the opinion of the Committee for European Affairs the European Commission failed to fulfill its obligations to inform and duly justify the proposal with regards to its compliance with the principle of subsidiarity. In the opinion of the Committee for European Affairs, the starting point of the debate is the fact that industrial relations, ie. the relationship between employees and employers (including the eventual form and binding effect of such collective agreements), should be regulated primarily at national level due to their historical and social path-dependency. Although there are areas of industrial relations which can be better regulated at EU level due to the requirements of internal market, the proposal for a directive replaces the national mechanism of collective bargaining which usually reflects the needs of both parties to agreement. The collective bargaining should result in a situation with no losers: into a win-win situation; however, the draft directive completely eliminates this element of the sense that it extensively determines the binding effect of collective agreements regarding the remuneration. The Committee for European Affairs considers, with regard of the principle of subsidiarity, that the approximation of wage levels should be caused by a gradual convergence in living standards and pay in all member states rather than determined by the proposed directive.

Lisbon Treaty procedures
  Reasoned opinion

31/03/2016 |

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