What is the future direction of the Posted Workers Directive?

John Weekes

08 Jun 2024 — 1 min read

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 social security coordination were enforced in a fair, simple and effective way.

The Pandemic clearly put much cross border activity on hold, so it is only really since 2022 that we have seen the seriousness with which the ELA and the EC view the need to create a more even and more highly protected labour market across Europe through this legislation. Since 2022 enforcement activity has risen, the EU have issued guidance and clarification where appropriate, and it is not unreasonable to assume that even while the compliance landscape has evolved over the last couple of years, it is likely that this evolution will continue, countries will continue to be pressed to enforce the rules, and labour audits and inspections will continue to increase, particularly in ‘at-risk’ sectors.

How to comply with the Posted Workers Directive

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

Facing business challenges from the Posted Workers Directive

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

Understanding employer obligations in the Posted Workers Directive

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

Who falls under the Posted Workers Directive?

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

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How to comply with the Posted Workers Directive

Facing business challenges from the Posted Workers Directive

Understanding employer obligations in the Posted Workers Directive

Who falls under the Posted Workers Directive?