News

Posting of workers: Review of the European directive

Published on 20 April 2018

 

On 11. April 2018, the last stage of the revision of the posting of workers directive was validated.

 

The new directive will facilitate the transnational provision of services whilst ensuring fair competition and respect for the rights of posted workers. The directive will be adopted at a later stage following the vote of the legislation by the Parliament.

 

The new directive provides changes including the following:

  • “Long-term posted worker” status: After a posting of a 12 months-period (possibility of a 6 months extension upon justification and notification to the Labor Inspection), workers will be considered as long-term posted employees and will be subject to the host country regulations.
  • “Equal pay for equal work”: Posted workers will benefit from the same rules on remuneration as local workers of the host member from day one.
  • Temporary work agencies will have to guarantee to posted workers the same employment conditions applicable to host country temporary workers.
  • Cooperation on fraud and abuse in the context of posting is enhanced between Member states.

Posting of workers in transport undertakings would have a specific set of rules in a forthcoming sector-specific legislation.

 

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