Posted Workers Directive
Time for action
The EU Posted Workers Directive (PWD) is a very hot topic across the EU. The basic directive, dating back to 1996, guarantees that the working conditions of mobile employees are protected throughout the EU by obliging employers to comply with a core set of labour law provisions (e.g. minimum wage, working time, vacation, etc.) in the host country during a temporary period of work in that country.
To enhance enforcement of those rules, the EU has adopted an Enforcement Directive, which has recently been implemented in all EU member states. This new piece of legislation contains general enforcement measures related to better information exchange between authorities, efficient controls and stricter sanctioning of non-compliance.
More importantly, this new directive has led EU countries to introduce new employers’ obligations to better monitor compliance. Those obligations include prior notifications of posting, appointment of a liaison person for the authorities and the keeping of certain social documents (e.g. employment contract, payslips, etc).
Deloitte, in cooperation with the independent law firm Laga, has developed a delivery model to assist employers in complying with the PWD-related requirements to prevent sanctions resulting from non-compliance.
Deloitte can help with:
- Tracking and follow-up of the notification requirements across the EU
- Acting as a representative towards the local authorities, in accordance with national legislation
- Storage of documents and/or coordination between employers and authorities
- Advisory support with all aspects of the requirements
- Reviewing compliance with host state employment conditions
- Support during social audits