The Enforcement Directive to The Posting of Workers Directive Part I - Summary ID-number: SOU 2015:13

From: Ministry of Employment

Directive 2014/67/EU of the European Parliament and of the Council on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’), abbreviated as the Enforcement Directive, was adopted on 15 May 2014.

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The remit has been, first, to propose how to implement the Enforcement Directive in Swedish law and, second, to assess whether Swedish law is consistent with the Enforcement Directive and draft the legislative proposals needed to adapt Swedish legislation to the directive with regard to questions including:

  • who is to be considered to be a posted worker;
  • better access to information;
  • administrative cooperation between authorities;
  • national control measures;
  • inspections and other monitoring;
  • facilitation of complaints; and
  • cross-border enforcement of administrative penalties.

The Inquiry's understanding is that it is part of its remit to also propose amendments to government ordinances when required. The objective of the Enforcement Directive is to establish a framework of a set of appropriate provisions, measures and control mechanisms with the aim of better and more uniform implementation, application and enforcement in practice of Directive 96/71/EC on the posting of workers in the framework of the provision of services (the Posting of Workers Directive) including measures to prevent and sanction any abuse and circumvention of the applicable rules.