Directive on the posting of workers to EU countries came into force

From 30 July 2020, Polish companies must comply with new regulations, according to which they are obliged to provide posted workers with employment and pay conditions resulting from the regulations of the host country. Companies will face severe penalties for violating the principles of the EU Directive.

The new EU Directive on the posting of workers entered into force on 30 July 2020 – two years after the vote in the European Parliament. For Polish companies, the new regulations mean that they need to pay their employees remuneration according to the rules of the state where these employees perform their official business tasks.

In addition, companies are obliged to comply with a 12-month limit for the posting established by law. After this period, a company will be able to apply for additional 6 months, but only in specific cases (subject to a motivated notification) and provided that posted workers are provided with employment conditions resulting from local regulations after that time. The provisions of the new directive do not, however, prevent employers from applying terms of employment that are more favorable for posted workers.

Companies can find all information on the terms and conditions of employment applicable in individual EU countries and the amount of all components of remuneration on the official websites of a given Member State. According to the new regulations, each Member State has an obligation to publish up-to-date and accurate information on this matter.

Learn more: Posting of workers – the amended provisions

Posting of workers – sanctions

For violating the rules resulting from the new Directive on the posting of workers to other EU countries, companies face severe penalties, from several to even several hundred thousand euro per worker.

In addition, employers operating in the road transport industry are currently exempt from complying with the provisions of the new Directive. Companies from this sector will have their own rules of posting workers resulting from the mobility package currently under development. It is expected to enter into force in about a year and a half.

Author:

Katarzyna Zarzycka
Foreigners’ consultant
TGC Corporate Lawyers

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