The assessment of the institutional capacities and needs of the four candidate countries of the Western Balkans: Albania, Montenegro, North Macedonia and Serbia, to implement the Posting of Workers Directive (96/71/EC) was conducted in the context of the policy process cycle and in terms of six interdependent domains: legal framework, institutional arrangement, inter-agency cooperation, human resources, stakeholder engagement, and public governance. Findings indicate that
- the Directive has been only partially transposed in the Western Balkan countries and the existing legislation does not include all the elements of the Directive and the Enforcement Directive,
- other relevant mechanisms such as bilateral agreements on social security coordination and health care are incomplete,
- institutions responsible for the implementation of the Directive are either partially or not established,
- liaison offices for interagency cooperation and information dissemination have not been established,
- more training and information on posting are needed by human resources,
- trade unions, employer organizations, Chambers of Commerce and NGOs have not been actively involved in the process in the Western Balkan countries, except partial consultation.
To address the needs identified, candidate countries must complete the legal framework and establish protocols of intra-agency cooperation, mandate public authorities and build their capacities on posting, as well as include social partners more actively in the process. Read more here.