What is a Posted Worker?
The EU Posted Worker Directive defines as Posted Worker :
“an employee who is sent by his employer to carry out a service in another EU Member State on a temporary basis, in the context of a contract of services, an intra-group posting or a hiring out through a temporary agency”.
Posted Worker Protection
The EU Posted Workers Directive ensures that employees moving across Europe for work can expect the same rights and living conditions as those living and working in the location of their secondment.
Organisations must ensure the following categories of protection are provided:
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Working hours, paid holiday and wage
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Agency worker standards
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Health and safety
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Pregnancy and maternity protection
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Anti-discrimination protection
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Collective agreement standards
What you need to do
Posted Worker Notification
Each notification must be submitted to the local authority before secondment begins
Record Keeping
Supporting documents can be requested during inspection by the local authority and therefore need to be kept available
Liaison
In most situations your organisation is required to nominate a liaison in the host country
Non Compliance Penalties
A missing, incorrect, or late submitted posted worker notification risks a fine.
Not fully meeting the host country's requirements can also result in financial penalties.
Fines vary per country, but are levied on a per employee basis in the region of
€4,000 to € 500,000.