The Posted Workers Directive 2019/1152 introduced minimum rights and rules on the information to provide to workers about their working conditions. The provision updates what was already provided under 91/533/EEC.
For a complete overview of all EU Directives on posting, take a look at our guide on EU Posted Workers Directives.
Changes with Posted Workers Directive 2019/1152
Article 7 implements the provisions of Article 4(1) of Directive 91/533/EEC on the employer’s obligation to inform workers of the applicable conditions to the contract or employment relationship. The additional information that the employer must provide to the employee, prior to departure, includes:
- the country or countries where the worker will carry out activities and the expected duration;
- the currency in which the employer will pay the remuneration;
- the benefits in cash or in kind inherent in the assignments;
- whether repatriation is provided for and, if so, the conditions governing the worker’s repatriation;
- the remuneration the worker should earn under the applicable law of the host Member State, where applicable;
- the specific allowances for the posting and the arrangements for reimbursing travel, board and lodging expenses;
- the link to the single official national website developed by the host Member State in accordance with Article 5(2) of Dir. 2014/67/EU of the European Parliament and of the Council.
We therefore emphasise that, for secondment periods of more than one month, the salary level under the foreign applicable contract in the destination State constitutes an information the posted worker must know.
This information is in addition to the essential conditions that employers must provide at the start of the employment relationship:
- nature and duration of the employment;
- organisation of working time;
- remuneration;
- applicable collective agreement, etc.
The document containing the information referred to in Article 7 of Dir. 1152/2019 (replacing Directive 91/533/EEC) will therefore be considered mandatory. Moreover, the authorities of the host Country may request the document, as it contains information that must be available upon request (under Directive 2014/67/EU).
Exemptions to the EU posted workers directive 2019/1152
Paragraph 4 of Article 7 specifies that the obligation to provide the additional information to workers sent abroad does not apply “if the duration of each period of employment outside the Member State where the worker habitually works is equal to or less than four consecutive weeks“.
However, it should be specified that Member States are given the possibility to provide otherwise on this point.
Entry into force
The deadline for Member States to transpose the Directive was August 1st, 2022. Member States had to introduce the new rules on transparent and predictable working conditions.
