ABSTRACT

This chapter explores one of the concurring aspects which allowed for the opening of the present window of opportunity. It examines a series of legal changes, at both the European Union (EU) and national level, which have provided the stepping stones towards the revision of the Posting of Workers Directive (PWD). The chapter analyses the legal evolutions at the national and European levels, which have helped pave the way for the reform of the PWD. The Reform extends the applicability of collective agreements to all sectors of the economy, whereas the PWD mandated said application only for the construction sector, leaving Member States free to extend this to other sectors. The French experiences anticipated some of the effects of the reform of the PWD. The long negotiations surrounding the original PWD witnessed an important slowdown after the second draft presented by the EU Commission in 1993.