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European Labor Authority

European Labour Authority launched

In October, the European Labour Authority was launched. This agency will ensure compliance in member countries with the Posting of Workers Directive.

The agency will carry out coordinated inspections to verify that companies are applying the criteria established in EU Directive 2018/957, which regulates the provision of cross-border labour services.

The regulation was amended in June 2018 to strengthen the safeguards for posted workers, and to require companies to apply supervisory mechanisms.

What is the purpose of the regulation?

  • To apply the concept of remuneration instead of minimum rate of pay, including greater coverage of wage components.
  • To establish records of schedules with maximum and minimum rest periods.
  • To require monitoring and control of hygiene measures and the prevention of occupational hazards.
  • To ensure holidays correspond to those of local workers.
  • To provide greater security for pregnant women and young people.
  • And, to promote gender equality.

With regard to administrative obligations, the Directive imposes fines of up to 180,000 euros per posted worker if the regulation is not complied with. To avoid penalties, companies must:

Traveler

  • Communicate the posting of workers to the authorities in host countries.
  • Further, comply with Social Security regulations in host countries.
  • Keep records up to date with relevant documentation related to postings, including workers’ schedules.
  • Moreover, translate documentation related to postings.

 

Recommendations

In order to identify strengths and weaknesses relating to compliance with the regulations, we recommend that you:

  • Firstly, find out the rights and obligations concerning Immigration and Global Mobility in the host country;
  • Maintain continual communication with posted workers and be aware of the impact of the relocation on employees and their family members;
  • Moreover, develop tools for identifying risks and requirements for frequent travellers.

Legal Notice: Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing on this article should be used as a substitute for the advice of competent legal counsel. The content on this article is offered only as information and does not constitute solicitation or provision of legal advice. You should always consult a suitably qualified lawyer regarding any specific legal problem or matter.

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