UPDATE : European Union : Revised Posting of Workers Directive

Overview:  In June 2018, the EU adopted a ‘Revised Posting of Workers Directive’. Posted workers are workers sent by their employer to work temporarily in another Member State. The old Directive and its revised version ensure these workers are entitled to benefits and protections equivalent to those available to workers in the host Member State. Members States must bring in local laws to implement the revised Directive within 2 years. This, of course, will not directly apply to the UK which will, by then, no longer be an EU Member State.

Law change:  The main changes are:

  • Equal Pay: posted workers are entitled to the same ‘remuneration’ for the same work as local workers. The definition of ‘remuneration’ will be determined by the local law.
  • Equal Allowances: posted workers will be entitled to allowances and re-imbursement of expenses (travel, board and lodging etc.) on the same basis as local workers.
  • Temporary Agency Workers: the principle of equal treatment must apply to temporary agency staff.
  • Collective bargaining agreements: where a CBA applies universally in a Member State, it must also apply to their posted workers.
  • Long term posting: if a posting lasts longer than 12 months (or 18 in exceptional cases) the worker must be entitled to the additional mandatory benefits and protections that apply to equivalent local workers.

Action required:  No action is required at this stage but you should track the relevant local legislation implementing the new Directive if you have or intend to have posted workers in EU Member States.