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Posted workers

Updating author: Susan Mayne

Summary

  • The Posted Workers Directive (96/71/EC), as amended (by Directive (2018/957/EU), applied to the UK as an EU member state and during the transition period after the UK's withdrawal from the EU on 31 January 2020 until 31 December 2020. (See Overview)
  • A "posted worker" to whom the Posted Workers Directive (as amended) applies is a worker who, for a limited period, carries out their work in the territory of an EU member state other than the state in which they normally work. (See Application of the Posted Workers Directive)
  • The Posted Workers Directive (as amended) applies where an employer sends its workers to a 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 (as amended) 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 their territory guarantee those workers equality of treatment with respect to specified terms and conditions of employment applicable 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)
  • In Great Britain (and Northern Ireland from 13 November 2020), until 31 December 2020, a hirer was required to inform the temporary work agency that it proposed to post an agency worker who had been supplied to the hirer to a member state. (See Posted Workers (Agency Workers) Regulations 2020)