Amendments concerning the posting of workers
Pursuant to the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services posted workers are workers who, in the context of the cross-border provision of services for the employer, carry out work in the territory of an EU Member State (host country) other than the State in which they normally work. The posted workers remain in the social security system of their home country.
The current legislation did not limit the duration of the posting. It was thus a practice to take into consideration, as a criterium, a limitation defined in the context of social security, on the basis of which posted workers could remain in the social security system of their home country for a maximum of 24 months. Now the duration of the posting has been set at a maximum of 12 months. It will be possible to extend the posting for additional six months for justified reasons. After this period the posted worker will be subject to the labour law of the host country.
Under the previous regulative framework the abuse in terms of unequal treatment of the posted workers and “home” workers was possible, so it is an important amendment to establish an obligation of equal pay for equal work and better protection against potential abuses. All of the host country’s remuneration rules must apply to posted workers and the same will apply to the bonuses and reimbursement of costs related to posting.
According to the new regulation, travel, board and accommodation costs will have to be paid by the employer. Furthermore, these costs will not be deducted from workers’ salaries.
The Member States will have two years to transpose the rules into their national laws.
