ICTU and the European Trade Union Confederation (ETUC) have criticised a compromise EU agreement on rights for employees who work abroad. The revised rules governing ‘posted workers’ were agreed by the EU Council of Ministers, which represents the governments of EU member states, last month. It must now be agreed in negotiations between the Council, European Parliament and European Commission.

The issue of posted workers – those who are employed in one country but work temporarily in another – has been vexed since the 1996 EU Posted Workers’ Directive was passed. In principle, the directive gives posted workers the same minimum pay and conditions as others in the country where they work. But it can quite easily be side-stepped by unscrupulous employers.

Some workers have been employed as posted workers on a virtually permanent basis while their employers have no real link with the country they claim to be based in. Bad employers can also define minimum terms and conditions in ways that leave posted workers far worse off than their local counterparts.

Also, a number of employers have gone out of business, leaving their staff with no pay or redress. Unions wanted the revised rules to ensure that workers in this position could claim against the main contractor, not just the subcontractor they are employed by. But this right has been restricted to the construction industry.

Unions also wanted national governments to have the right to impose local controls on firms using posted workers. But this measure has been tightly restricted in the new proposals.

The ETUC also says the outcome has failed to meet the key principle of legal clarity over posted workers’ rights. Its general secretary Bernadette Ségol said the compromise text did not meet union expectations. "In the coming negotiations, the ETUC will look to the European Parliament to clear ambiguities and ensure that mechanisms are put in place so that all EU workers enjoy fair and equal working conditions," she said.

ICTU, which actively lobbied the Irish Government and MEPs in the run-up to the compromise deal, said it would not support any limitation to member states’ rights to impose controls on employers. Its legal and social affairs officer Esther Lynch said the directive must secure equal treatment with workers in the host country.

“The posting of workers must not be allowed to become a business model for companies to circumvent labour law and social security obligations, as is increasingly becoming the case in Ireland,” she said.

The outcome is not all bad news, however. Proposed changes would mean that the National Employment Rights Authority would be given comprehensive details of posting arrangements when workers are posted to Ireland. ICTU says this and other provisions – including a requirement on employers to name a designated contacted person and maintain records for inspection – have been long sought by unions as they are key to effective inspection and enforcement of posted workers’ rights.

“These measures would help ensure that the most vulnerable workers are not exploited and help prevent employers from undercutting nationally-determined terms of employment,” according to Esther Lynch.