The paper called "guidelines for posting". It is the draft of an official document of the EU Commission. In the event the Commission determines as the protection of Wages in the EU countries will be implemented. The guidelines define which and how many wage protection measures an EU country may carry out from abroad fitters, programmers, or service people.
The document sounds harmless, but it is for Switzerland are highly explosive. Because if Switzerland concludes a framework agreement with the EU, is the guide for you. The Swiss trade Union Confederation, the alarm bells were heard at least as soon as you got the paper to face. SGB chief economist Daniel Lampart speaks of the "impending end of the flanking measures, such as she knew so far".
Because The document shows that the EU wants to weaken the existing protection of wages measures considerably. And, above all, it has been undisputed Swiss wage protection measures in question, for which the framework agreement provides no guarantees. This means that the EU could Switzerland prohibit after the signing of the framework agreement without further notice. Thus, the guidelines would meet the Swiss wage protection measures in the Mark.
"For our country, such a control would be to ban highly problematic."Luca Cirigliano, Central Secretary of the Swiss Federation of trade unions (SGB)
The most controversial point in the circulars of the EU Commission: countries may, in the case of foreign workers who work for less than eight days before the place, no wage controls and no measures to Pay to perform. According to the EU Commission, this would be "disproportionate". Because the framework agreement for this new scheme of Switzerland, no exceptions, would apply this interpretation of the law for the Switzerland, as soon as you signed the agreement.
It was "very surprising and devastating", and that companies that send workers for less than eight days in another country may not be controlled, says Luca Cirigliano, Central Secretary of the Swiss trade Union Federation (SGB). "For our country, such a control would be to ban highly problematic," said Cirigliano. "Because the largest part of the Posted, Switzerland is making short bets."
the EU will tolerate no deadlines more
for the First time, the major concern of trade unions is confirmed. They claimed always, the biggest Problem of the present agreement, in Each of the regulated wage protection measures, but the fact that Switzerland must continue to adopt new EU legislation, virtually sight unseen. Trade Union lawyer Cirigliano: "The risks are not calculable."
The accompanying measures Switzerland today allow even more stringent wage protection measures than the EU countries. The Federal Council wanted to prevent in the negotiations on the framework agreement, a total erosion of the flanking measures. The EU grants Switzerland, in the draft of the contract certain guarantees. A minimum heard of prior notification period of four days for foreign firms. Thanks to this period, the Swiss control is to have your in problematic sectors, sufficient lead-time to companies, engaged in wage dumping, to track down. In the EU reporting deadlines are highly controversial.
The new Brussels practical question now, however, even the existing deadlines and, therefore, the Swiss compromise in the framework agreement. Because the circular is not clear that even prior reporting periods from "a few hours" within the meaning of the EU rules. Those few EU countries that still have deadlines, short registration, you will need to in accordance with this circular, I also use to get rid of.
If in the countries of the EU will be tolerated, no deadlines, will interpret the EU, the guarantees of Switzerland, also as restrictive as possible. You could do this by limited the sectors and regions in which Switzerland may apply the rule to a Minimum. "You will not restrict the guarantees to be so strong that the guaranteed rule practically comes to Bear", is a trade unionist Cirigliano convinced.
The last chances for the framework agreement are dwindling
mean, The new development is likely to be the final for the present framework contract. A broad consultation with parties and the social partners had already revealed previously that of the Federal Council to accept the construct of the framework agreement and the core of the bilateral contracts, the development of law and the case law of the EU. It should, however, secure in renegotiations of better exemption rules for wage protection measures.
According to the latest development of such a cosmetic renegotiation not enough for the unions and the Left. Lampart: "It is now definitively clear that a framework agreement is possible only if the Adoption of the Directive on Posting of workers is excluded." A majority in favour of a cosmetically revised framework agreement is out of sight. "The new EU practice is the nail in the coffin of the framework agreement", appreciate familiar with the Dossier of the circles in the Federal house. The Department of foreign Affairs did not comment on the new development.
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Created: 04.05.2019, 23:11 PM