2021-09-01-KPMG_Global-European_Union_–_Call_to_24_Countries_to_Comply_with_Rules_on_Posting_3页_119kb

EU Commission Sends Formal Notices to 24 Member States on Posting of Workers
On July 15, 2021, the European Commission issued letters of formal notice to 24 EU member states, requesting compliance with the EU Enforcement Directive (Directive 2014/67, based on the 1996 posting directive). This directive targets countries for non-implementation, focusing on worker posting rules, including registration, sanctions, and cooperation measures.

Only three states—Spain, Portugal, and Sweden—fully adopted the directive by the June 18, 2016 deadline, leading to the current infringement procedure. The Commission has placed these states on a two-month timeline to improve compliance. Failure may result in reasoned opinions or referrals to the European Court of Justice, potentially escalating enforcement and monitoring efforts.

Member states face challenges such as burdensome compliance requirements and high risks of financial loss and reputational damage due to non-compliance. Some countries have considered severe sanctions, including prison sentences. The new European Labour Authority is set to heighten jurisdictional oversight, reinforcing the need for employers to stay informed and adhere to regulations.