Proposed Government Regulations On Posted Workers Enforcement Directive Have Watered Protections Down Still Further Says GMB
EU enforcement directive is a drop in the ocean to the serious revision we need on these rules to stop undercutting of pay and conditions across the UK says GMB.
GMB, the union for engineering construction workers, commented on the BIS response to consultation outcome on the posted workers enforcement directive. See notes to editors press release from Department for Business, Innovation and Skills: Consultation Outcome: Posted Workers Enforcement Directive.
Kathleen Walker Shaw, GMB European Officer, said “GMB has been calling for a full revision of the posting of workers rules for many years.
GMB considers this EU enforcement directive is a drop in the ocean to the serious revision we need on these rules. The proposed government regulations to implement this have watered protections down still further.
GMB gave BIS multiple case evidence of abuse of posted workers and large scale undercutting of terms and conditions because protections under the provisions weren't strong enough and they have done nothing to address the loopholes that will allow these practices to continue.
EU governments would be forgiven for scratching their heads in wonder at Cameron charging around Europe demanding a halt to migrant workers coming to the UK in his reform demands. They will be bemused that at the same time BIS encouraging the ushering in of cheap posted labour undercutting UK wages through weakening these laws to the extent that they are not fit for purpose. If Cameron was serious about protecting decent jobs he would make full use of any tools he has in the box.”
Contact: Kathleen Walker Shaw 07841 181 549 Phil Whitehurst 07968 338810 or GMB Press Office on 07921 289880 or 07974 251823.
Notes to editors
Copy of BIS statement dated 28 January 2016
HM Government - Press Releases 28/01/2016
The Department for Business, Innovation and Skills has published the outcome of its consultation on the Posted Workers Enforcement Directive: http://bit.ly/207vkyu
We will introduce regulations to bring in some new measures to implement the requirements of the Posted Workers Enforcement Directive.
These measures will introduce limited subcontracting liability in the construction sector. This means that a posted worker in the sector can bring an individual claim for unpaid wages for the national minimum wage against a contractor in an employment tribunal. A due diligence defence will be available to the contractor.
Subcontracting liability will be limited to the construction sector and to the contractor one up the supply chain from the posted worker’s direct employer.