A Brief Overview
6 May 2021
Staff who are sent by their employer to complete a temporary assignment in Europe may acquire the status of a Posted Worker for the duration of the posting.
An EU Directive is in place to ensure that when workers are posted from one EU country to another, they will receive the same working conditions and rights as workers in the host country.
Below is a brief overview of the rules surrounding Posted Workers and where you can find out more.
Who is a Posted Worker?
A Posted Worker is an employee, sent by their employer, temporarily, to perform a service in an EEA Member state, other than the one in which they normally work. Such movement can occur under a variety of circumstances whether it be temporary work, contracting of services or Intra-Company Transfer moves.
Where does the legal standing come from?
Initially the 1996 Posted Workers Directive (96/71/EC) followed by the Posted Workers Enforcement Directive (2016) and subsequent revisions.
Is the UK part of it?
No, but UK workers posted before the end of the Transitional Period may still have rights and responsibilities under Member State Rules.
Who does it impact?
All employers and employees who fall under the term ‘Posted Worker’ should pay attention to the requirements of the Directive.
What do I have to do as an employer?
This is two stage consideration:
- Notifications and registrations must be made in local jurisdictions in the format each Member State requires.
- Compliance with local laws surrounding, but not limited to: minimum pay, working hours, leave and employment conditions.
Are there any exemptions?
Some postings of shorter durations are not subject to the full requirements under the Directive.
What about business travellers?
As business travellers do not provide services they are not regarded as Posted Workers. This would include those attending trade fairs or business meetings.
Where can I read more?
A full list of the requirements for each Member State can be found here: https://europa.eu/youreurope/citizens/work/work-abroad/posted-workers/index_en.htm#national-websites
Speak to an immigration expert
If you have any questions on the rules surrounding Posted Workers or any other aspect on business immigration, Smith Stone Walters can help.
Contact us today to speak to a consultant.