EU strengthens rights of posted employees
By Michael Wendler, Wendler Tremml Rechtsanwälte
On 28 May 2014, the Official Journal of the European Union No. 159 published Directive 2014167/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No. 1024/2012 on administrative cooperation through the Internal Market Information System (the IMI Regulation).
New measures include:
- Directive for improved collaboration between national authorities responsible for the posting (set deadlines to ensure rapid response to requests for information);
- Clearer definition of the term “posting” in order to prevent expansion to “letter-box companies”;
- Specification of obligations of posting companies (indication of contact person, stating identity and number of employees being posted, start and duration of employment, address of workplace and type of service);
- Information on the periods for which documents have to retained (employment contracts, pay slips, time sheets);
- Guidelines for improved legal protection of posted workers.
The member states are obligated to ensure that posted workers are subject to the regulations or administrative provisions of the host country with regard to the provisions for maximum working hours/minimum rest periods, minimum paid annual holidays, minimum rates of pay, including overtime rates, the conditions of hiring out workers (especially those hired out by temporary employment undertakings), health, safety and hygiene at work, protective measures as well as equality of treatment between men and women and other non-discrimination.
In accordance with Article 23, the implementation of national law must be completed by 17 June 2016 in order to comply with the obligations set out by this Directive as of 18 June 2016.
Wendler Tremml Rechtsanwälte, Berlin, Dusseldorf, Munich, Germany
published: July 2014