The Principle of Equal Pay for Equal Work: The Future or the End for Posted Workers in the EU?

Posting of workers has always remained a controversial and highly discussed topic. The complexity of the issue is rooted in the exclusion of posting from the ambit of Art. 45 TFEU (freedom of movement for workers). Instead, posted workers are governed by rules on services, which contrary to Art. 45 TFEU do not require the workers to enjoy the wide scope of equal treatment as workers in the host Member State do. In order to limit the phenomenon of social dumping and unfair competition, the Posting of Workers Directive is considered to play a pivotal role in securing the minimal rights of migrant workers who perform their services on the basis of posting. The Directive dating back to 1996 however still creates tensions on both policy and legal levels creating loopholes when it comes to its enforcement. Therefore, the European Commission proposed a revision of the rules on posting of workers with the principle of equal pay for equal work as its core provision. In essence, the proposal has raised more tensions and divided further the EU Member States, entrenching somehow the eternal gap between Western and Eastern Member States, especially with regard to road transport sector. In light of the above, this paper attempts to present an answer to the question whether a silver lining could be achieved in the ongoing debate to secure posted workers' rights without infringing the rules on the EU free movement. Is a policy compromis in the uncertain and challenging times feasible at all?