In the Official Journal of the European Union from 01.07.2018 has been published the European Directive no. 2018/957 amending the EU Directive no. 96/71/EC concerning the posting of workers in the framework of the provision of services. This Directive entered into force on 29.07.2018, following to be implemented by the Member States by latest 30.07.2020.
This Directive establishes the fact that the freedom to provide services and the protection of posted workers is non-discriminatory, transparent and proportionate, while respecting the diversity of relations between the social partners at a national level. The new directive also provides the application of more favorable work and employment conditions for posted workers.
The main legislative changes emerging from the new European Directive are the following:
- Employers that are posting workers in other EU Member States, will pay a “remuneration” which includes the minimum wage to posted workers + all compulsory wages (allowances, bonuses and other benefits), according to the legislation in force from the host state;
- Posted workers that travel to and from their usual place of work located in the Member State where they were posted, will benefit of allowances or reimbursement of transport, accommodation and meals, according with the legislation in force from the host state;
- In case the effective period of secondment exceeds 12 months, posted workers have to be guaranteed with all the working and employment applicable conditions in the Member State where the employment is performed, and they have to be treated equally to the local employees, from the point of view of their rights;
- Upon the maximum expiry date of the secondment period, the posted worker continues to be subject to the procedures, formalities and conditions for start/end of employment, and supplementary occupational pension schemes, according to the legislation in force of the state from the home state;
- In case the employer posting workers in other Member States, replaces a posted worker with another posted worker that performs the same task at the same place, then the posting period includes the cumulative periods of secondment for those posted workers;
- The EU member states have the following obligations:
- to publish the work and employment conditions on the official national website;
- to guarantee the fact that the published information on the official national website, are correct and updated.
- Competent authorities must have the necessary means to set alerts for fraud or abusive practices regarding the posting of workers, in order to exchange information, for the purpose of preventing and combating these matters.
Source: The Official Journal of the European Union, no. L 173/16 from 09.07.2018.
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