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Posted Workers in the Construction Sector: ELA’s Latest News

ELA published a new information leaflet, regulating the posting of workers in the construction sector.

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Based in Italy and active in all EU

Posted Workers Alliance

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Posting workers in Europe

According to Article 2 of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services,  posted workers are workers who:

“for a limited period of time carr[y] out [their] work in the territory of a Member State other than the one in which [they] normally [work]”.

Over the years, primary and secondary sources of EU law have provided the appropriate guidance on how to comply with the various obligations relating to the posting of workers in Europe, through the adoption of regulations and directives to which all EU Member States, EEA countries and Switzerland have aligned themselves.

ELA’s latest updates

On 31 July, the European Labour Authority (ELA) published its new information leaflet for posted workers in the construction sector, which provides additional information on their rights in this specific sector and on the measures to be taken before and during the posting.

One of the first innovations highlighted in this publication is that, in addition to the posting of workers in the metal industry, it is now possible to regulate the posting of workers in the construction sector.

Among the innovations published, the most noteworthy concern:

  • the coverage of  workers by the social protection system of their  Member State of origin by obtaining the “Portable Document A1” (DP A1);
  • the obligation for posted workers to register their residence in the Host Member State if the duration of the posting exceeds three months;
  • the non-compulsory recognition of professional qualifications already acquired, except for some specific professional skills which require this additional step, including the ability to operate cranes, special lifts or drilling machines;
  • the continued validity of insurance taken out in the Home Member State and the consequent non-compulsory registration with the social security authorities of the Host Member State.

ELA also specifies that, unlike citizens of the EU, the EEA or Switzerland, non-European citizens must have a work permit issued by the State in which they are habitually employed before being posted.

Finally, should problems arise during the posting, the employee can terminate the contract in the following ways:

  • trying to find a solution with the employer in the Member State of posting and the contractor in the Host Member State, or
  • by lodging a complaint with the labour inspectorate of the Host or sending Member State.

Regulatory Framework

Leaflet: “Posted Workers in the Construction Sector"

Reference

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Learn more about Posting of Workers to Europe

Have a look at our in-depth guides about Posting of Workers to EU Countries. If you don’t know where to start, you can have a first look at our introduction on Posting of Workers to Europe.

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