Following the adoption of the minimum wage in Germany, the ETF published a statement pointing out that pay and conditions of any given Member State apply to any professional driver performing his work in and from its territory insofar as all the conditions set forth by the Posting of Workers Directive (Directive 96/71/EC) and the Rome I Regulation (Regulation (EC) No 593/2008) are met. In support to its statement, the ETF circulated a more detailed analysis on the topic based on EU legislation and jurisprudence.
The ETF analysis highlights that there is no provision excluding road transport from the scope of the Posting of Workers Directive and the Rome I Regulation, the two main EU legal frames relevant for the case. Moreover, the scope of these Community rules does not exclude any specific form of road operation, be it cabotage, combined transport or cross-border transport.
“The application of the German minimum wage to road transport is a requirement of the EU legislation, rather than a controversial and arbitrary decision of a Member State, as many want to perceive it. Thus, we welcome the recent commitment of Germany and France to enforce this requirement. It is regrettable that the Posting of Workers Directive and the Rome I Regulation have not so far been enforced in road transport. But, as the ETF analysis and some other reports and publications show, the rules apply to our sector and thus must be put into practice without delay” said Roberto Parrillo, President of the ETF Road Transport Section.
You can download the complete statement (available in English, French, German, Romanian, Czech and Polish) under Related documents.
Following the adoption of the minimum wage in Germany, the ETF published a statement pointing out that pay and conditions of any given Member State apply to any professional driver performing his work in and from its territory insofar as all the conditions set forth by the Posting of Workers Directive (Directive 96/71/EC) and the Rome I Regulation (Regulation (EC) No 593/2008) are met. In support to its statement, the ETF circulated a more detailed analysis on the topic based on EU legislation and jurisprudence.
The ETF analysis highlights that there is no provision excluding road transport from the scope of the Posting of Workers Directive and the Rome I Regulation, the two main EU legal frames relevant for the case. Moreover, the scope of these Community rules does not exclude any specific form of road operation, be it cabotage, combined transport or cross-border transport.
“The application of the German minimum wage to road transport is a requirement of the EU legislation, rather than a controversial and arbitrary decision of a Member State, as many want to perceive it. Thus, we welcome the recent commitment of Germany and France to enforce this requirement. It is regrettable that the Posting of Workers Directive and the Rome I Regulation have not so far been enforced in road transport. But, as the ETF analysis and some other reports and publications show, the rules apply to our sector and thus must be put into practice without delay” said Roberto Parrillo, President of the ETF Road Transport Section.
You can download the complete statement (available in English, French, German, Romanian, Czech and Polish) below.
