Santa Fe Immigration | October Hot Topics: Posted Workers Notifications

Posted Workers Notifications

Posted workers assigned to perform work or services for a limited time in the territory of an EU member state other than the state in which he or she normally works, in the context of a contract of services, an intra-group posting or a hiring out through a temporary agency.

The EU’s Posted Workers Directive defines various requirements that Employers have to comply with when posting employees from one EU Member State to work in another.

Introduced by the European Commission in 1996, the Posting of Workers Directive 96/71/EC has the aim to avoid social dumping and illegal employment within the EU. It requires equal working conditions in the host state including minimum wage, maximum working hours, minimum rest time, health and security and assurance of anti-discrimination laws.

These rules establish that, even though workers posted to another Member State are still employed by the sending company and subject to the law of that Member State, they are entitled to a set of core rights in force in the host Member State.

This set of rights consists of:

+ minimum rates of pay;
+ maximum work periods and minimum rest periods;
+ minimum paid annual leave;
+ the conditions of hiring out workers through temporary work agencies;
+ health, safety and hygiene at work;
+ equal treatment between men and women.

Two distinct employer obligations:

Filing of the Posted Worker Notification

+ Decide which employees fall in scope
+ Collection of required data by country
+ File Posted Worker Notification prior to arrival
+ Update notification if any changes on assignment
+ Appoint local representative as liaison to authorities

Record Keeping Obligations

+ Retain documents for up to 5 years
+ Documents requirements varies by country
+ Failing to comply with the posted worker requirements exposes
+ Financial Risk
+ Reputational Risk
+ Operational Risk

For more information or assistance please contact:

Karla Lowe
Principal Immigration Lawyer
Karla.Lowe@SantaFeRelo.com