What are the implications of the Posted Workers Directive?

The Posted Workers Directive (96/71/EC) was established to ensure that employers sending workers on temporary assignments to another EU member state cannot give those workers lower rates of pay or less favourable terms and conditions than the legal minimum applicable in the other member state. There is no specific legislation in the UK implementing the Posted Workers Directive as UK workers already enjoy adequate protection under contemporary employment legislation. The UK is required to implement changes to the Posted Workers Directive by 30 July 2020 under a further Directive (2018/957/EU). The UK is treated as if it were an EU member state until 31 December 2020 during the transition period, which is now in place following the UK's exit from the EU on 31 January 2020.

The rules on posted workers are relevant to those whose salaries and terms of employment are below the minimum prescribed standards for indigenous workers, and so will not affect, for example, postings of business professionals. However, some EU states offer more generous maternity provisions than those currently available to UK employees.