The first thing to ask is “who is a posted worker”?
The 1996 Posted Workers Directive (96/71/EC) (‘the Framework Directive’) defines a worker as ‘posted’ when, for a limited period of time, the worker carries out their work in the territory of a Member State other than the State in which they normally work. Posted Workers are not the same as migrant workers who, of their own accord, move between Member States to seek work and are employed there.
The Directive provides that posted workers are entitled to statutory employment rights in the country they are posted to. These are:
maximum work periods and minimum rest periods;minimum paid annual holidays;minimum rates of pay, including overtime rates;the conditions for hiring out workers, in particular the supply of workers by temporary employment firms;health and safety and hygiene at work;protective measures with regard to the terms and conditions of employment of pregnant women or women who have recently given birth;children and young people; andequality of treatment between men and women and other non-discrimination provisions.The government have signalled their intention of introducing legislation 18 June 2016 the latest date for compliance.
The Government’s response to the consultation states that the UK will meet its obligations under the Enforcement Directive by taking a light touch approach that does not go beyond the EU requirements and balances the rights of both workers and the burdens on the businesses that employ them.
Once the Directive has been implemented, posted worker in the construction sector will be able to bring individual claims for unpaid wages for the national minimum wage against a contractor in an employment tribunal.
It also introduces a requirement for subcontracting liability in the construction sector.
Subcontracting liability will be limited to the construction sector and to the contractor one up the supply chain from the posted worker’s direct employer.
The government’s response to the consultation can be foundhere.
