Equal Pay for posted workers
22 June 2018
Workers posted temporarily to another EU country must get equal pay for equal work in the same place, and be better protected against exploitation and fraud, under revised rules voted in by the European Parliament on 29 May 2018.
The revised rules were approved by 456 votes to 147 with 49 abstentions and they aim to ensure better protection for posted workers and fair competition for companies.
Ensuring fair pay
Under the agreed text, all of the host country’s remuneration rules must apply to posted workers. In addition to legal provisions, member states may apply large, representative regional or sectoral collective agreements. So far, this has been done only in the construction sector.
Improving workers’ conditions
Travel, board and accommodation costs will have to be paid by the employer and not deducted from workers’ salaries. Employers will also have to ensure that the accommodation conditions for posted workers are decent, and in line with national rules.
Duration of posting
The duration of the posting has been set at a maximum of 12 months, with a possible extension of 6 months. Thereafter, the worker will still be able to stay on and work in the member state to which he or she is posted, but beyond this, working conditions will be subject to the host country’s labour rules.
Protection against fraud
In the event of a fraudulent posting, e.g. by a letterbox company, member states should cooperate to ensure that posted workers are protected, at least, by the conditions of the Posting of Workers Directive.
International road transport
The new elements of the revised directive will apply to the transport sector once the sector-specific legislation, included in the Mobility Package, enters into force. Until then, the 1996 version of the directive remains applicable.
New rules to apply within two years
Member states will have two years to transpose the rules into their national laws and must put them into effect by the end of this period.
According to an article by Pinsent Masons employment law experts, there is nothing in place around UK implementation at this point.