How are businesses dealing with the Directives? The pan-European nature of the legislative framework and the application of the rules to even short term cross border workers means that the PWDs – either the Enforcement Directive requirements or the Equal pay for Equal Work Directive provisions – apply to a huge number
The main PWD Directives came into force in 2016 and 2020 respectively. Both Directives now fall under the remit of the European Labour Authority (ELA), which was established in July 2019 and created to help Member States and the European Commission to ensure that EU rules on labour mobility and
As we have seen, one of the main challenge with the Directives, and particularly the Enforcement Directive, is that each country was allowed to introduce the legislation into its own legal system in the way it chose. Coupled with the lack of a central definition of ‘posted worker’ to fall
What do employers have to do under the new law? In practical terms, the key task relating to the Posted Workers Directives, which was brought in under the 2014 Enforcement Directive, is the ‘Obligation to make a simple declaration to the responsible national authorities, at the latest at the commencement
The Posted Worker Directives define “posted worker” as: “A person who, for a limited time, carries out his or her work in the territory of an EU member State other than the state in which he or she normally works.” This seemingly simple definition has created one of the key
The passing of the 2016 Enforcement Directive gave a clear indication that the European Council expected EU member states to take concrete steps to give the legislation ‘teeth’. As a result, each member state implemented a range of financial penalties relating to non-compliance with the three basic requirements set out
One of the main (unintended) bi-products caused by the ‘Free Movement of Labour’ pillar of the treaty of Rome was the rise of ‘social dumping’. This is the practice of using the disparities in labour regulations and wage levels across EU countries to reduce business costs and maximize profits. A
The Treaty of Rome, which was signed in 1957, laid down the legal foundations for the European Economic Community (EEC), and, from 1993, the European Union. The treaty enshrined four fundamental freedoms which were designed to be the framework for all future EU legislation - free movement of goods, services,
Below are links to the national websites of the 30 EEA member states (plus Switzerland) which provide further information about the laws, procedures, and processes relating to the Posted Worker Directives. Most include links to the Notification portals where pre-travel notifications can be filed. AUSTRIA: https://www.postingofworkers.at/cms/