Posted Workers Directive: Employment Conditions and Rights

Posted Workers Directive

Definition of a Posted Worker

For the purposes of this Directive, a "posted worker" is defined as any worker who, for a limited time, carries out their work in the territory of a Member State other than the one in which they normally work. The concept of "worker" is determined by the law of the Member State where the worker is posted.

Conditions of Employment

Member States must ensure that companies guarantee posted workers the following employment terms in the host Member State, regardless of the applicable employment law:

• Maximum work periods and minimum rest periods
• Minimum paid annual holidays
• Minimum rates of pay, including overtime (excluding supplementary occupational retirement pension schemes)
• Conditions of labor supply, particularly through temporary employment agencies
• Health, safety, and hygiene at work
• Protective measures for pregnant or recently postpartum women, children, and young workers
• Equal treatment between men and women and other non-discrimination provisions

Minimum Rates of Pay

The concept of minimum rates of pay is defined by the law and/or practice of the Member State where the worker is posted. For example, in Spain, Article 27 of the Workers' Statute sets the minimum wage (as of 2011) at 21.38 euros/day or 641.40 euros/month for all sectors, regardless of gender or age.

Application of Collective Agreements

The Directive allows Member States to impose employment conditions on domestic and foreign companies alike, including those related to public policy and those laid down in collective agreements or arbitration awards, as long as they do not contradict the provisions of the Directive.

Universally Applicable Collective Agreements

Collective agreements or arbitration awards that are declared universally applicable must be observed by all companies in the relevant industry or profession within their territorial scope.

Other Collective Agreements

In the absence of a declaration of general application, Member States may choose to apply:

• Collective agreements or arbitration awards that are generally effective for similar companies in the relevant industry or profession within their territorial scope.
• Nationally representative collective agreements that are widely applied throughout the country, provided their application ensures equal treatment for the companies covered by this Directive.