The European Labor Authority gets to work
In October, the European Labor Authority began operations. They will be looking out for the enforcement of the Directive regarding Worker Displacements within member states.
The agency will be coordinating inspections to verify that the businesses are applying the criteria established by the EU Directive 2018/957 that regulates services provided by transitional labor.
The rule was modified in June of 2018 to reinforce the rights and guarantees for displaced workers. This mandates that employers have to apply control mechanisms.
What does it propose?
- It applies the concept of “compensation” instead of “minimum salary”, which comprises a concept of retributions with wider coverage.
- Establishes a register of hours worked with maximum periods of work and minimums required of breaks.
- It requires health and safety vigilance and control mechanisms to ensure labor risk prevention.
- Ensure the fulfilling of vacation days the worker is entitled to.
- Ensure greater securities to pregnant women and children.
- Promote gender equality
Regarding the administrative requirements, the Directive applies fines of up to 180.000 euros for displacing workers when the legislation is not followed. To avoid sanction businesses should:
- Communicate the displacement to the destination authorities.
- Fulfill the Social Security requirements of the receiving country.
- Update the register of documents related to the displacements, including worker schedules.
- Translate documents related to the displacement.
To be able to identify the strengths and weaknesses regarding the application of this legislation we recommend:
- Know the rights and obligations regarding international immigration and displacement in the destination country.
- Maintain permanent communication with the displaced workers and the impact of the displacement on the employees and their families.
- Develop mechanisms to identify risks and necessities of frequent travelers.