The guide to minimum terms of employment for posted workers
We are pleased to present an update to our guide to minimum terms of employment of posted workers across 22 European countries. We are happy to continue this project with the invaluable involvement of our fellow lawyers from firms across Europe, who shared contributions on their jurisdictions.
The update to this guide follows changes to national legislations resulting from the introduction of EU Directive 2018/957/EU dated 28 June 2018 amending Directive 96/71/EC. These changes aim at enforcing the rule of “equal pay for equal work” in relation to posted workers.
The transposition of EU Directive 2018/957 onto local legislation should have been completed by 30 July 2020. However, due to the COVID-19 pandemic, the implementation process in many European countries has been significantly delayed. At the start of 2021, changes to local legislation resulting from the above directive have not yet been finalised in Austria, Norway and Spain. Therefore, these countries are not covered by this revised guide.
While preparing the revised guide, our aim was to provide employers with comprehensive, yet concise advice on key terms and conditions applicable to their posted staff. With this aim in mind and in light of volume constraints, this guide edition does not cover prerequisites of leasing personnel (including temporary workers), work of juvenile employees and settlement of business trip costs.
We hope that this updated guide will be a useful resource for employers posting staff to other European countries, particularly once Europe successfully overcomes the pandemic and the cross-border movement of employees regains its former dynamics.