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Posted workers

Updating author: Susan Mayne

Summary

  • A "posted worker" to whom the Posted Workers Directive applies is a worker who, for a limited period, carries out his or her work in the territory of a member state other than the state in which he or she normally works. (See Application of the Posted Workers Directive)
  • The Posted Workers Directive applies where an employer sends its workers to another member state to carry out work for its customers or clients or for an associated company or business established in that other member state. (See Application of the Posted Workers Directive)
  • The Posted Workers Directive applies also where workers who are employed by an employment or placement agency are hired out to a client in another member state. (See Application of the Posted Workers Directive)
  • Member states must ensure that employers sending workers on temporary assignments to other member states guarantee those workers terms and conditions at least equal to specified mandatory terms and conditions applicable to national workers in those other member states. (See Requirements of the Posted Workers Directive)
  • Workers posted to Great Britain who are not paid the national minimum wage, can claim against the contractor of their employer. (See Posted Workers (Enforcement of Employment Rights) Regulations 2016)