The Posting of Workers Directive and Employment Regulation in the European Construction Industry

Abstract

This article explores the scope of the EU Posting of Workers Directive (PWD), with particular attention to four countries: Belgium, France, Germany and the UK. It looks particularly at the implications in the construction industry, where cross-frontier working is only one dimension of a wider problem of employment regulation. The PWD is important in reinforcing collective bargaining outcomes where these are universally applicable, and discussions concerning the Directive hastened national legislation in some countries even before it was approved. Yet there remains a risk that important occupational benefits provided on a multi-employer basis in many European countries may be neglected in the application of the Directive.