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

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
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
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