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Ahead of trilogue negotiations, EFBWW, FIEC and EBC call on the EU Council and European Parliament to take on the reality and concerns of the construction industry and ensure that prior notification is required for all postings in the construction sector, no matter how short.
The outcome of discussions in the Council on the revision of Regulation 883/2004 is deeply disappointing. Despite repeated warnings from both trade unions and employers in the construction industry, the specific needs of the sector have again been overlooked.
EFBWW and FIEC, the European social partners for construction, as well as EBC, have consistently called for mandatory notification prior for all postings in the construction sector, without exemption.1 The construction industry accounts for more than 40% of all postings in the EU and a clear, enforceable rule matching its needs and request is essential in order to avoid possible frauds and abuses.
Digitalisation can support better enforcement of social security coordination. Making notification digital and streamlined is the right direction. However, a fully operational digital framework for the exchange of data between public administrations across the EU is not yet in place. Mandatory prior notification in construction is an important tool to ensure compliance with the rules. Posted workers should be able to rely on the social security coverage they are entitled to and companies should be able to expect a level playing field with everyone operating by the rules.
There is now a unique opportunity to conclude a file first proposed in 2016 in a way that effectively improves conditions on the ground and reinforces the existing framework for the posting of workers. As far as the construction industry is concerned, the Council instead risks making the system harder to enforce and easier to circumvent.
EFBWW General Secretary, Tom Deleu: “Prior notification for all postings in construction is essential to combat social dumping, fraud and abuse. We need a rule that is enforceable, not a patchwork of exceptions which will increase the exploitation of workers, and unfair competition”.
FIEC Director General, Domenico Campogrande: “FIEC is opposed to any form of temporary exemption to the prior notification of the A1 form for the construction industry. Without such a notification from day 1 it will be impossible to ensure a level-playing field for genuine construction companies with regard to the posting of workers.”
EBC Secretary General, Fernando Sigchos Jiménez: “An exemption built on the reality and the needs of both construction companies and workers should be preserved. For EBC, prior notification in construction is a must to ensure social standards, guarantee fair competition and tackle social abuses.”