22 Jun

Posting of workers: Council adopts the directive (fair wages and a level playing field between posting and local companies)

Yesterday, 21 June 2018, the Council adopted the revision of the posting of workers directive (a posted worker is an employee who is sent by his employer to carry out a service in another EU member state on a temporary basis).

The aim of the revised directive is to facilitate the transnational provision of services, whilst ensuring fair competition and respect for the rights of those workers who are employed in one state and sent to work temporarily in another by their employer (posted workers).

More specifically, the directive aims at ensuring fair wages and a level playing field between posting and local companies in the host country whilst maintaining the principle of free movement of services.

Posting of workers directive

The EU looks to revise the rules on posted workers in order to achieve a fair balance between labour rights and the freedom to provide services.

On 11 April 2018, EU ambassadors approved the compromise text negotiated with the European Parliament on the revision of the posting of workers directive.

More specifically, the directive aims at ensuring fair wages and a level playing field between posting and local companies in the host country whilst maintaining the principle of free movement of services.

In particular, the new directive provides for the following:

– Same rules on remuneration as local workers of the host member state will apply from day 1 and clearer rules on allowances

– Long-term posting is introduced: possible for a worker to be posted long-term after 12 months, first with a 6 months extension – after this period the posted worker will be subject to nearly all aspects of the labour law of the host country

– The number of potential collective agreements is increased

– Temporary work agencies are to guarantee to posted workers the same terms and conditions which apply to temporary workers hired in the member state where the work is carried out cooperation on fraud and abuse in the context of posting is enhanced

The deadline for transposition and the date of application will be 2 years after the entry into force of the directive.

For the international road transport sector, the provisions of this directive will apply from the date of entry into force of the forthcoming sector-specific legislation.

Click here for further information about posting of workers directive.

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