Secondments in Europe: New
Enforcement Directive applied to the
"Posted Worker"
Publication Date: 10 June 2014 | Author(s)...
2
into their national law, but it is clear it will have an important impact on
organisations posting workers in Europe as ...
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Secondments in europe new enforcement directive applied to the "posted worker"

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Sophie Maes from our Belgian member firm Claeys & Engels, explains how the new Enforcement Directive prevents social dumping, protects the rights of posted workers and better ensures fair competition between service providers in Europe.

Originally posted on the Ius Laboris Knowledge Base: www.globalhrlaw.com

Published in: Law
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Secondments in europe new enforcement directive applied to the "posted worker"

  1. 1. Secondments in Europe: New Enforcement Directive applied to the "Posted Worker" Publication Date: 10 June 2014 | Author(s): Sophie Maes Member Firm(s): Claeys & Engels Country: EU The new Enforcement Directive prevents social dumping, protects the rights of posted workers and better ensures fair competition between service providers in Europe. This new directive enforces and elaborates on the 1996 Posted Worker Directive. To identify a genuine posting to prevent abuse and circumvention of terms and conditions of employment, the new Enforcement Directive offers a few indicative factors that must be examined. However, the factual situation remains important when determining whether an undertaking genuinely performs substantial activities in the state of origin and to assess whether a posted worker temporarily carries out his work in another Member State than the one he normally works in. Under the new Directive access to information on the terms and conditions of employment (such as minimum wages, etc.) in the EU Member States must be made easier. The new Directive also provides for increased cooperation between national authorities in charge of posting: for urgent enquiries EU Member States will need to respond within two working days, all other requests will need to be handled within 25 working days. To monitor compliance EU Member States may oblige posting companies to make a preliminary declaration, to designate a contact person and to make available and/or keep copies of all relevant documents (such as pay slips, timesheets, etc.). Posted workers will be offered effective legal or administrative mechanisms to lodge complaints, and additional subcontracting liability measures may be taken to tackle fraud or abuse. Penalties and fines imposed on service providers must be enforced. The EU Member States must now transpose the Enforcement Directive
  2. 2. 2 into their national law, but it is clear it will have an important impact on organisations posting workers in Europe as well as on organisations using (sub)contractors in Europe. Originally posted on the Ius Laboris Knowledge Base: www.globalhrlaw.com About Ius Laboris Ius Laboris is an alliance of law firms offering employers cross-border employment and pensions law advice. It has 1,300 specialist HR lawyers in over 150 cities and 44 countries. Ius Laboris offers access to the best local HR law experts in one global team with 20% more ranked employment lawyers (Chambers & Partners, November 2013) than any other global HR legal services organisation. Further, Ius Laboris has 50% more recommended lawyers than its nearest rival in a recent survey in PLC's employment law guide. Clients include many household names as well as multinational companies in all sectors ranging from energy, retail and technology to pharmaceuticals. For more information on Ius Laboris, please visit iuslaboris.com.

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