The latest Posted Workers Directive introduces new minimum rights and new rules on the information to be provided to workers about their respective working conditions. The provision updates what was already provided under 91/533/EEC.
Table of contents
- Posted workers directive: what’s new
- Exemptions to the Directive
- Entry into force
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- Get a quotation
1. Posted workers directive: what’s new
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 work abroad is to be carried out and the expected duration;
- the currency in which the remuneration is to be paid;
- 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 to which the worker is entitled 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 Directive 2014/67/EU of the European Parliament and of the Council.
We therefore emphasise that, for secondment periods of more than one month, employees must also be informed about the salary level under the applicable contract in the destination State that they are entitled to for their work abroad.
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 document may be requested by the authorities of the host country, as it contains information that must be made available upon request (under Directive 2014/67/EU).
2. Exemptions to the EU posted workers directive
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.
3. Entry into force
Member States have until August 1st, 2022 to transpose the Directive and introduce the new rules on transparent and predictable working conditions.