Applicability of the Posted Workers Directive to the transnational provision of services in the road transport sector

The CJEU has ruled that the Directive on the posting of workers in the framework of the provision of services is applicable to the transnational provision of services in the road transport sector (verdict of 01.12.2020 – C815/18).

The question of whether Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 (Posting of Workers Directive) concerning the posting of workers in the framework of the provision of services is to be interpreted as also applying to drivers in the international carriage of goods was examined. In general, it is debated in which constellation the Posting of Workers Directive applies to drivers travelling on the territory of another state. This legal question is of fundamental importance.

The legal question is based on the following posting constellation: A Dutch transport company is bound by a collective agreement which provides that the collective working conditions apply equally to its own company and to subcontractors in subcontracts. The Dutch trade union FNV requires compliance with the applicable collective agreement for active workers, as the drivers usually perform their work in the Netherlands. A collective agreement ultimately defeats the purpose of ensuring that an employer does not undermine its application by outsourcing the work.

If the criterion of “sufficient connection” to the national territory could be derived, then this should also apply to journeys by lorry through another member state. A sufficient link is determined on the basis of an overall assessment of the following factors: the nature of the work carried out by the worker concerned in that territory, the closeness of the link between the activities of that worker and the territory of each Member State, and the proportion of the total transport service provided there accounted for by those activities.

With the addition of Directive 96/71/EC, the application of the collective agreement and the aspect that provides for the application of universally applicable collective agreements of the country of assignment for posted workers may be considered. In the case of a posting of workers under the above-mentioned Directive, it must be ensured that the companies concerned guarantee the workers posted to their territory a set of terms and conditions of employment, which are, inter alia, set out in the collective agreements that have been declared universally applicable.


NZA 19/2020 pp.1295-1296

NZA 23/2020 pp. VI-VII

Related Posts

Chinesische Flagge vor traditionellem Gebäude

China News – Visa-free Entry

Visa-free entry for German citizens to China German citizens can enter China visa-free from December 1st, 2023 to November 30th, 2024. The same applies to citizens of France, Italy, the Netherlands, Spain and Malaysia. Visa...

EU reporting obligation Finland: change from October

From 1 October 2021, employee-specific information must also be provided in the declaration for Finland. Until 30.9.2021, the reporting obligation is fulfilled by filling in the already known electronic form (important: to be used only...

Latest blogs on global assignments

Belgium News
24. April 2024
Hungary News
13. March 2024
USA News
6. March 2024
Japan News
20. February 2024
UK News
16. February 2024
Bilateral social security agreement Austria-Japan
16. February 2024

Get the latest information on "International Personnel Management - assignments worldwide".