Poland

Impact of mobility on transport workers

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2024/07/17 at 11:38 AM

This final article of the MIPACT project provides a brief overview of its activities, presents the results of the research phase, and addresses the general situation and challenges faced by road transport companies and their posted workers in the light of the new rules established by the European Union’s Mobility Package.

Both the general situation of the sector in this respect and the challenges it still faces are discussed in the comments on the publications and dissemination activities carried out as part of the project.

These publications, consisting of academic articles, infographics, and podcasts, have been used to create a toolkit to inform employers and posted workers and to raise public awareness of the employment conditions of posted workers in the road transport sector.

I. Presentation of the project

Our project, Mobility Impact on Transport Workers, addresses an issue of undoubted importance in a transnational context: the posting of road transport workers (lorry drivers).

Although EU legislation lays down a number of binding rules on working conditions for posted workers to ensure that their rights and working conditions are protected throughout the EU, there are still cases of social dumping and unfair competition between foreign and local service providers. This makes the implementation of this project even more necessary.

The entry into force of the Mobility Package has brought about changes that affect international truck drivers. The impact of the proposed changes on the transport sector is still unknown. What is known, however, is that the provisions will affect the current EU rules on the posting of workers.

One of the most significant changes, which has not yet been fully transposed into national law, is the impact on remuneration for work carried out on the territory of another Member State and paid based on posting. In addition to the high amount of the daily allowance, this remuneration is not subject to taxation and social security contributions, so that the pension of retired drivers working on a net salary basis will be low.

Another major change brought about by the amendments to the cabotage, and cross-trade regulations is the need for rules on the posting of workers. These rules, the introduction of which has been supported by the Western EU countries, which are mostly net receiving countries, may pose a risk to posting companies sending workers from Central and Eastern European countries due to increased labour costs; and may lead to an increase in the cost of transport services, resulting in a reduced competitiveness of transport companies from sending countries.

Partners involved in the project and their added value

Eight organisations from seven different countries participated in the implementation of our project: Italy, Poland, Croatia, Norway, Greece, Belgium, and Spain. This gave the activities a transnational dimension, which added value to the development of the project:

Project objectives and results

The main objective of our project was to contribute to the implementation of the key provisions on the posting of workers, to analyse the implementation and application of the Posting Directives and to collect evidence on the impact of the new legislation on the transport sector and posting processes, with a focus on truck drivers.

In addition to the main objective, the planned activities helped to achieve other more specific objectives, including:

In conclusion, we believe that the MIPACT project has created a framework to ensure fair competition and respect for the rights of posted workers, so that both companies and workers can take full advantage of the internal market.

Activities carried out during the project

To achieve the above-mentioned objectives and thus achieve relevant results in the implementation of the project, a number of activities were carried out during the project, which are briefly described below:

The first phase of the event served to focus on the key content to be included in the infographics developed by the project, which will be referred to in the chapter on publication and dissemination of results.

The event included a round table discussion on the application of posting rules in the transport sector and their impact on workers. The discussion was moderated by expert Ángel Lozano with the participation of Hendrik Meerkamp, representing the European Confederation of Independent Trade Unions, CESI, and Juan Jesús García Fraile, representing the European Federation of Train Drivers’ Unions, ALE, and Nikoleta Tsamandora, representing the University of Thessaly, Greece.

The speakers gave a brief overview of the new transport legislation, the Mobility Package, addressed some of its aspects and highlighted the lack of clarity in European legislation, which makes it difficult for employers and workers to apply. They also discussed the use of smart tachographs and the problems they cause, the lack of investment in equipment and infrastructure, the phenomenon of unfair competition due to the liberalisation of the sector, with private companies replacing public ones. Attention was also drawn to the existence of numerous serious accidents in which workers and users are killed due to lack of knowledge of the rules. The speeches by the partners present were followed by a question-and-answer session.

In addition, each partner presented the dissemination activities of the project carried out so far. The virtual platform of the project was also presented, as well as the subsequent publication of infographics and videos.

Finally, the expert coordinator of the project, Ángel L., presented two messages on risks and preventive measures in road transport and on the results and next steps of the action of the European Labour Authority on road transport issues.

The methodology used to record the podcasts was based on interviews conducted by the project’s expert coordinator with each of the participating partners, who discussed the relevant legislation and the specificities of each country, which will be discussed below.

II. European Union Mobility Package

In 2022, important legislation entered into force as part of the so-called EU Mobility Package. Specifically, we are referring to the legislation adopted on 15 July 2020, which aims to regulate road transport in the European Union countries and is contained in three key pieces of legislation: Regulation (EU) 2020/1054; Regulation (EU) 2020/1055 and Directive (EU) 2020/1057.

The Mobility Package aims to introduce fairer and more harmonised rules at social level, gradually coming into force over several years from 2020. The measures relate to drivers’ working time and rest periods, the posting of drivers between the EU and third countries, minimum wage requirements, access to the profession and to the transport market, restrictions on cabotage and border crossing registers.

These changes have forced transport companies to adapt their structure and operations, with a significant impact on the economy. In addition, the new rules have caused strong opposition and controversy from Eastern European countries, as they mean greater control of competition from international transport companies in these countries.

The first changes were introduced in August 2020 by Regulation (EU) 2020/1054 and mainly concern driving and rest times for drivers resident in the European Union. In particular, they will be required to record in the tachograph each time they cross a Member State border, manually at the beginning of the first stop as close as possible to the border of the new Member State they are entering if the tachograph does not record this automatically. This obligation was already required from 2020 for vehicles equipped with analogue tachographs but has now been extended to vehicles equipped with digital tachographs.

Finally, the above-mentioned regulation also introduces changes regarding the mileage records of each driver, which will apply from 31 December 2024.

In addition, Regulation (EU) 2020/1055, which will enter into force on 21 February 2022, introduces three transport restrictions: on the one hand, for cabotage operations (the provision of a transport service in a country by a haulier not established in that country), it introduces a so-called “waiting period” of four days, which makes it impossible to carry out consecutive cabotage operations in the same country and with the same vehicle during this period.

Thus, following an international transport operation in an EU country, a maximum of three cabotage operations can be carried out in a maximum of seven days with the goods fully unloaded, but now with the restriction that at the end of this seven-day period the lorry must leave the country and cannot re-enter it within four days.

Secondly, it introduces an obligation for vehicles to return every eight weeks to one of the operational centres in the Member State where the company is established. This obligation is in addition to the existing obligation for drivers to return every three to four weeks from the date of departure from their country of origin. These requirements are intended to prevent drivers from being permanently posted outside their country of origin.

The third restriction introduced by the Regulation concerns the international carriage of goods by road for hire or reward within the EU by vehicles whose maximum authorised weight does not exceed 3.5 tonnes. In such cases, from 21 May 2022, they will require a Community licence and will no longer be exempt from the obligation to obtain a transport authorisation and will be subject to the rules on access to the occupation of international road haulage operator. The aim is to ensure a minimum level of professionalism in the sector and thus to approximate the conditions of competition between all hauliers.

Finally, reference should be made to European Directive 1057/2020 on the posting of drivers and the new rules on cabotage, which replaces the previous Directive 2006/22/EC. This legislation establishes new rules requiring drivers who are subject to an employment relationship and who carry out international transport or cabotage operations to be paid a minimum wage in the country where the transport is carried out. The aim of this measure is to combat so-called “letter-box companies” (companies which are not established in the country where they are based, and which employ workers but operate in other EU Member States where they actually provide their services) and competition from companies with more favourable conditions in terms of remuneration.

In order to achieve the above objectives, the legislation contains two measures aimed at changing the situation in the sector by controlling the companies and drivers that have relocated, limiting their stay in third countries and obliging them to return to their country of origin, all by registering on a special online platform set up by the European Union.

The new regulation on posted drivers obliges all international transport companies with vehicles of more than 2.5 tonnes to register and use the said platform, regardless of their country of origin and whether it is a Member State or a country of the European Economic Area. To do this, each company must create a valid account and enter details of the transport authorisation, the vehicle and driver, the start and end dates of the journey and the details of the transport manager.

Journey declarations will be valid for a maximum of six months and can be amended, cancelled, and/or renewed. The platform will allow the declarations to be printed for delivery to the driver, who must carry a paper or digital copy, as well as the employment contract and pay slips confirming the employment relationship between the driver and the company.

However, a number of transport operations are excluded from this obligation because the nature of the service is considered to be closely linked to the Member State of establishment. In particular, transit transport (transport through a Member State without loading or unloading of goods) and bilateral transport (transport of goods from the Member State of establishment to another Member State or third country or from another Member State or third country to the Member State of establishment) are excluded.

In addition, before providing the service, hauliers must submit a declaration on the movement of drivers to an electronic system centralised at the European Commission, known as the Internal Market Information System (IMI), for the exchange of information on the movement of drivers on the road, so that the country in which the service is to be provided can check that the service is being properly carried out.

III. Conclusions of the studies carried out during the development of the project

During the first eleven months of the project, a research phase was conducted to:

To this end:

The experts who wrote the country reports are:

[The country reports prepared by each expert and the final comparative report are available at: http://projects.sindacatofast.it/index.php/mipact-downloads/]

The comparative report begins with a brief description of the three aspects that made up the desk research phase: legislation and information on the posting of workers, a description of the right to employee participation in each partner country, and the employment conditions of transport workers. Similarities and differences between each of these areas were also identified and can be summarised as follows.

In the first part, which presents the conclusions of the project participants’ statements, it can be stated that both the Posting of Workers Directives and the Mobility Package have been transposed into the legal systems of the project partner countries. This has created a legal framework that regulates the scope, protection, and benefits for posted workers.

The conclusions in this section are not as consistent as in the previous section, but allow us to conclude that:

Finally, a comparative study of the national reports analysed the results of online surveys of posted workers in the transport sector and employers who post workers. This led to a number of conclusions which are presented below [the conclusions have been developed considering the conclusions drawn for each group analysed: workers and employers] and which we list separately by specific theme from those analysed as a whole.

However, neither workers nor employers believe that these rules guarantee workers’ rights.

A large majority of employees (over 70%) consider the information they receive and the consultation system set up to be useful or appropriate.

It should also be noted that both the Greek and the Croatian participants express doubts in their reports about the percentages obtained in the surveys. They point out that when asked to give two examples of such transactions, very few respondents can do so.

IV. Publications and dissemination

During the project, a toolkit was developed to inform employers and posted workers and to raise awareness among the public about the situation of posted workers in the road transport sector in terms of working conditions. The above activities were carried out through the following three instruments: scientific articles, infographics, and podcasts, which also served to disseminate the project and the activities, lessons and good practices developed within the project.

The articles are based on the conclusions drawn from the research phase and included in the comparative report, trying to maintain a logical order in their preparation and presentation in order to follow the line of argumentation between them.

The content of the articles is based on the following themes:

The articles are available in the languages of all participating partners (Italian, Spanish, Polish, Greek, Croatian and Norwegian) and in English at: http://projects.sindacatofast.it/index.php/mipact-articles/

The selection of the content of the infographics was guided by two criteria: on the one hand, the main objective of the project, which identified the need to “contribute to the implementation of the key principles of the Mobility Package on the posting of workers”.

On the other hand, some conclusions were drawn during the research phase.

Accordingly, the five infographics developed focus on the following aspects:

The infographics are available at the following address (in English and in the languages of the participating partners Italian, Spanish, Polish, Greek, Croatian and Norwegian) at:

http://projects.sindacatofast.it/index.php/infographics-hr/

In addition to the six podcasts related to the partner countries and intended for distribution in those countries, a seventh podcast was recorded in English. The podcast was designed to present the project as a whole, its objectives, the activities carried out, the main lessons learnt, the role of the ELA in the implementation and monitoring of the mobility package and a series of recommendations and good practices based on the challenges identified in the road transport sector for posted workers.

To facilitate the development of the podcasts and to ensure their homogeneity, the following aspects of the Mobility Package and the results of the research phase carried out in each country were requested.

The technique presented allowed all partners to answer the same questions posed by the interviewer, individually for each partner. In this way, the same information framework was obtained in all participating countries.

In this way, the questions put to each partner could answer questions of unquestionable relevance to bring the EU Mobility Package closer to each person, whether he or she is a worker, an employer, a social partner, a public body, or a citizen.

The following questions were asked:

Can you explain the main results of this research in your country?

What does the Mobility Package consist of? What should the Mobility Package guarantee?

Do you think that adequate working conditions and social protection for road transport workers and fair competition between transport companies, as promoted by the Mobility Package, are guaranteed in your country?

Do you think that the directives of the Mobility Package are being properly implemented?

What are the new rules on whether a road transport worker is posted or not?

What guarantees are to be provided by the employer to the posted worker when he/she is in the host country and what are the key issues to be addressed?

What new elements does the Mobility Package introduce regarding rest and driving times and the use of the tachograph at border crossings?

What documents does the driver need to carry with him when posted under the new rules?

What documents will the employer have to hand over and present at the end of the journey as proof of the posting?

What improvements and best practices should be implemented to ensure the implementation of the Mobility Package and thus guarantee both working conditions for drivers and fair competition for road transport companies?

In conclusion, the implementation of the project Mobility Impact on Transport Workers, MIhPACT, has resulted in a series of conclusions and proposals for improvement and good practices to enable greater participation of road transport workers at a transnational level. Improvements to be implemented also at national level have not been forgotten, as we have tried to convey in these podcasts, as well as in the infographics and scientific articles mentioned above.

IV. Results achieved and agreement to continue the project

As already stated in this final article of the project, the results initially expected have been achieved during the course of the project and its implementation, so that the balance of the project is clearly positive.

The main objective of our project was to contribute to the implementation of the key principles of posting of workers by analysing the application of the Posting Directives and the impact of the new law in the transport sector, as well as the processes of posting of transport workers, focusing on truck drivers. However, while the project we also carried out other activities related to labour relations and the care of posted workers, which we have mentioned in the list of objectives achieved in the first part of this article.

On the other hand, based on the research phase carried out and the intensive debates that took place during the meetings held during the project, the participating partners unanimously identified several problems in the implementation of the Mobility Package by carrying out various good practice activities. These will undoubtedly improve the current situation in the road transport sector, both in terms of employers posting workers and posted workers and their employment and working conditions on specific and sensitive issues.

Therefore, despite the presentation of proposals for improvements and good practices, the project partners considered it necessary to further develop such practices and improvements in their implementation, inter alia and especially in aspects related to the widespread unfamiliarity with the European rules in this field, the difficulties in understanding and interpreting them due to the lack of clarity of the rules, the risk of unfair competition due to the liberalisation of the sector or the occurrence of serious accidents in which workers and users are killed, in many cases due to the lack of knowledge of the applicable rules.

As a result of the challenges identified, the need to continue the project in order to make further progress in finding solutions to the problems raised was expressed at the project’s final meeting. Within the list of challenges for road transport workers, the project partners highlighted a fundamental aspect that is hardly addressed in the provisions of the Mobility Package, i.e. the individual fundamental right of each worker as laid down in the EU Charter of Fundamental Rights (Article 31.1), such as health protection.

As a result of these reflections and debates, the partners agreed to continue the project, proposing the following as key issues for future development:

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