Posting Workers EU
What is posting?
A “posted worker” is an employee who is sent by his employer to carry out a service in another EU Member State on a temporary basis.
Rights and rules for posted workers
The EU law defines a set of mandatory rules regarding the terms and conditions of employment to be applied to posted workers
- to guarantee that these rights and working conditions are protected throughout the EU
- to avoid “social dumping” where foreign service providers can undercut local service providers because their labour standards are lower.
These rules establish that, even though workers posted to another Member State are still employed by the sending company and therefore subject to the law of that Member State, they are entitled by law to a set of core rights in force in the host Member State.
This set of rights consists of:
- minimum rates of pay;
- maximum work periods and minimum rest periods;
- minimum paid annual leave;
- the conditions of hiring out workers through temporary work agencies;
- health, safety and hygiene at work;
- equal treatment between men and women.
However, there is nothing to stop the employer applying working conditions which are more favourable to workers than those of the sending Member State.
The social security of posted workers is regulated through Regulation no 883/2004 on the coordination of social security systems.
While posted to another EU country:
- you won’t need a work permit
- you won’t have to deal with pension bodies from different countries
Legal background: Two Directives
The abovementioned rules are defined in the Posting of Workers Directive which was approved in 1996. In 2014 the Enforcement Directive was approved with the aim to strengthen the practical application by addressing issues related to
- circumvention of rules,
- exchange of information between the Member States.
The Enforcement Directive will need to be transposed by the Member States by 18 June 2016.
National figures and legislation on posting of workers
EU rules are transposed into national legislation. Accordingly, each Member State has is own transposition.
All national transpositions on posted workers entail the mandatory obligation laid down in the Eu Directive, however they might have introduced additional fulfillments to be met.
Accordingly, the procedure to be followed when posting a worker to Austria or to France may sensibly differ.
A&P added value
A&P provides brand new services aimed at supporting Italian/ EU based Companies posting workers within EU fully in compliance with the provisions laid down by Directives 96/71 CE and 2014/71/EU.
Our services serve the purpose of guiding Posting Companies through each EU Member State narrowed bureaucracy so as to speeding up the complex procedures to be undertaken.
Our Team supports Posting Companies offering a wide range of services- that is:
- Filing of the Notification of Posting;
- Appointment of the foreign employer Representative in the Host Member State; and
- Alignment with the minimum working/wage conditions as established by the national regulation of the Host Member State.
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