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Immigration


4 October 2018

EUROPEAN UNION: Revised Posted Workers Directive

On 29 July 2018, Directive EU 2018/957 amending Directive 96/71/EC concerning the posting of workers came into effect. Member States have until 30 July 2020 to adopt the revised rules and publish relevant national laws. 

The new Directive protects and strengthens the guarantees of workers who are posted in Member States of the European Union and the European Economic Area. 

These are the main changes introduced in the new Directive:

  • Remuneration: All rules on remuneration and working conditions applying to local workers will also apply to all posted workers. Currently, employers can pay posted workers the national minimum wage, regardless of how local workers are paid for the same work.
  • Allowances and Reimbursements: National rules for accommodation conditions, and for allowances or reimbursement for workers’ travel, board and lodging expenses, will also now apply to posted workers.
  • Collective Agreements: Member States will be allowed to apply large, representative regional or sectoral collective agreements to postings. Currently, this is only allowed in the construction sector.
  • The Directive will apply to postings up to twelve months, with one possible six-month extension, after which additional employment rules of the host country will apply to the posting.

Workers in the international road transport services sector to whom the framework of the mobility package applies are excluded from the application of this directive.

How does this affect the client?

Employers in the Member States of the European Union, who are posting workers to another Member State, should be aware that non-compliance with national legislation which implements these directives may result in financial penalties following workplace inspections.

 

 

 

 

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