Posting of Workers: European Parliament approved a new directive

The European Parliament approved a new directive regulating the posting of workers in the framework of temporary provision of services, within the European Union.

On 29th  May 2018, The European Parliament approved a new directive regulating the posting of workers in the framework of temporary provision of services, within the European Union. The new Directive concerns issues that have never been tackled so far by the Directive 2016/67/EU, and introduces some news:

  • Remuneration: the new Directive establishes that the remuneration policy of the Host Country applies for all the posted workers. Moreover, the new Directive imposes the application of both sectoral and regional collective agreements, when widely relevant, so far applied only in the construction sector;
  • Period of posting: The Posting can last up to 12 months, and can be prolonged up to 6 months, after which, the posted worker will automatically be subject to the legislation of the Host Country;
  • Protection against fraud: In case of fraud, the new Directive establishes that the Member States cooperate in order to guarantee the safeguard of the posted worker;
  • International transport: 1996 Directive is still valid for the transport sector, until the entry in force of a legislation specific for the transport sector.

After the entry in force of the Directive, the Member States will have two years of time at their disposal to transpose the provisions into their national legislation.

 

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