What’s new in the Posting of Workers Displacement DirectiveErika
In 2019, the European Commission has published a series of documents updating the application of the Posting of Workers Directive (Directive 96/71/EC) with the aim of guaranteeing employees more favourable working conditions.
International mobility regulations demand that employers meet a series of requirements, as follows:
Disclose postings for trips of more than 8 days
All companies of European Union member states, the European Economic Area, or signatories of international conventions, must give prior notice to authorities in the destination country when sending one or more employees abroad for service provision.
This notification applies to all types of employee posted for more than 8 days, except for those redeployed by temporary employment agencies.
Appoint a representative in EU destination countries
Businesses that appoint employees in other EU member states will be obliged to assign a representative, already based in the destination country, to serve as liaison with local authorities and to send and receive documents and notifications.
In addition, businesses must designate a person in the member state to act on behalf of the company when informing and consulting with employees, as well as in negotiations affecting workers posted to the member state.
During the term of the posting, the company must have available, in the workplace or in digital format, a number of documents, including:
- employment contracts
- payslips for each employee
- supporting documentation of the salary of each worker
- timesheets indicating the daily working hours.
The purpose of the Directive is to guarantee a level of protection for the rights of posted workers, in compliance with the conditions of employment applicable to the member state where the service is provided.
In addition, it is based on the fundamental principles of freedom of movement for workers, freedom of establishment and freedom of service provision.
If you require more information about the updates to the Posted Workers Directive, contact us at Duguech&Dip where we are ready to help you.
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