Revi­sion of the EU Post­ing of Work­ers Dir­ect­ive

Alert

In our last Post­ing of work­ers alert, we dis­cussed the latest devel­op­ments with regard to the pro­posed revi­sion of the EU Post­ing of Work­ers Dir­ect­ive (96/71/EC). On 28 Feb­ru­ary 2018 the EU Coun­cil, EU Par­lia­ment and the EU Com­mis­sion agreed upon the main con­tours of the agree­ment to revise the Post­ing of Work­ers Dir­ect­ive.

Back­ground of the revi­sion
The Post­ing of Work­ers Dir­ect­ive and the Enforce­ment Dir­ect­ive (2014/67/EU) aim to ensure a fair level play­ing field between under­tak­ings estab­lished with­in the EU, as well as to avoid social  dump­ing of employ­ees (espe­cially in the con­struc­tion industry). In 2016 a new, third, pil­lar was pro­posed to  guar­an­tee social pro­tec­tion of pos­ted work­ers through­out the EU: the sig­ni­fic­ant revi­sion of the Post­ing of Work­ers Dir­ect­ive. The EU Com­mis­sion pro­posed this reform to address unfair prac­tices and pro­mote the prin­ciple of equal pay for equal work at the same work place.

In this alert we set out the main ele­ments of the revi­sion of the Post­ing of Work­ers Dir­ect­ive.

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