Posting drivers in the EU road transport sector
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Posting drivers in the EU road transport sector Fieke van Overbeeke1
© Europäische Rechtsakademie (ERA) 2020
Abstract It is unclear which minimum wages should be applied to cross-border posted lorry drivers in road transport. The most important EU instrument that deals with this topic is the Posting of Workers Directive (PWD). The PWD was however mainly adopted to regulate this matter in the construction sector, which is also clearly showed in the specific scope rules that determine the scope of application of this directive. This makes for a difficult application of the PWD to the atypical and highly mobile transport sector and leads to many questions. These questions can be divided into two major questions: 1. Is the PWD applicable to cross-border postings in the road transport sector? 2. If so, which specific postings are covered by the scope of the PWD? The EU legislator finally found an agreement to generally assume that the PWD is applicable; however, the question remains which specific posting situations subsequently fall under the scope of the PWD. In this article, the assumption of the EU legislator regarding the first question is taken as a starting point and the remaining second question will be assessed which posting situations are covered by the scope of the PWD. Answering this question will determine which minimum wages apply to these postings. Keywords Private international law · Cross · Border application of minimum wages · Posting · Cross · Border labour law · Road transport law · Social competition Fieke van Overbeeke is a legal counsel, specialised in private international law and foreign law, at the The Hague based ‘Internationaal Juridisch Instituut’ (International Institute for International and Foreign Law; see www.iji.nl). Fieke is also visiting researcher at the University of Antwerp. Fieke obtained her PhD on the topic that will be discussed in this contribution. The PhD is written in Dutch and is freely accessible online: https://hdl.handle.net/10067/155699015116216514. Soon an English (much shorter) version will be published. This contribution is largely based on this PhD, yet since the PhD is in Dutch detailed references to the PhD are not included in this contribution.
B F. van Overbeeke 1
International Institute for International and Foreign Law, The Hague, The Netherlands
F. van Overbeeke
1 Introduction Posting drivers in the EU road transport sector is a difficult topic and is currently in the spotlight of the EU legislator. An important question in this context is which minimum wages (should) apply to the highly mobile cross-border working activities of lorry drivers. This question is triggered in particular by the current state of today’s EU road market space and the fierce social competition in that area. According to many reports the internationalisation and liberalisation process of the road transport market in the ‘90 s ‘has not been accompanied by an adequate parallel process of social harmonisation in employment conditions.’1 Subsequently, the EU enlargements of 2004,
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