The European Commission has published the report reviewing the application and implementation of Directive (EU) 2018/957.

The report provides an overview of the national legislation of EU Member States implementing Directive (EU) 2018/957. It is accompanied by a staff working document providing a more detailed analysis on those measures.

Main findings

Directive (EU) 2018/957 amended Directive 96/71/EC concerning the posting of workers in the framework of the provision of services to ensure a level playing field whilst also protecting the rights of posted workers. All EU Member States have transposed the Directive and communicated to the Commission the national measures implementing the Directive. 

In the report, the Commission finds that the transposition of the Directive by all the Member States has improved the working conditions of posted workers. The report also shows that Member States’ legislation substantially complies with the Directive. Nonetheless, the Commission has identified some issues of non-conformity with the Directive. The Commission will continue working with Member States to ensure that the Directive is completely and correctly transposed and applied across Europe.

The Commission, together with the European Labour Authority (ELA), will also continue to provide support to all actors involved. On this basis, the Commission considers that it is not necessary to propose any amendments to the Directive at this stage.

The report includes an analysis of challenges affecting posted workers in subcontracting chains and of third-country national posted workers. In this context, it presents some good practices to address those challenges. Finally, the report also includes potential further actions addressed to ELA, Member States, social partners and/or the Commission.