The European Commission has welcomed the adoption by the EU's Council of Ministers on 13 May 2014 of new measures to better enforce EU rules on the posting of workers. The new Posting of Workers Enforcement Directive will help to ensure that these rules are better applied in practice, especially in some sectors such as construction and road haulage, where for example so-called 'letter box' companies (without any real economic activity in their 'home' country) have been using false 'posting' to circumvent national rules on social security and labour conditions. Member States have to implement the new Enforcement Directive in their national legislation no later than two years and twenty days after its publication in the EU's Official Journal. In particular, the Enforcement Directive:
- increases the awareness of workers and companies about their rights and obligations as regards the terms and conditions of employment.
- clarifies the definition of posting so as to increase legal certainty for posted workers and service providers, while at the same time tackling 'letter-box' companies that use posting to circumvent the law.
- requires posting companies to declare their identity, the number of workers to be posted, the starting and ending dates of the posting, the address of the workplace, the nature of the services and keep basic documents available such as employment contracts, payslips and time sheets of posted workers.
The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.