Posting of workers in the EU

Jana Střelická

On 25 September 2019 the Commission has adopted a report on the application and implementation of the Enforcement directive on posting of workers within EU Member States (Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services).

This directive entered into force in 2014 and provides key tools to fight circumvention and abuse of EU rules on posting of workers. Enforcing rules on posting is essential to protect workers and for the smooth functioning of the single market.

The report shows that by now, all Member States have transposed the Enforcement directive into national law, leading to improved enforcement of the rules on posting of workers across the EU.

Based on the evaluation exercise, the Commission report concludes that it is not necessary to propose amendments to the directive at this stage. Nonetheless, the implementation by Member States can be improved in some areas, such as decreasing the administrative burden.

The Commission will continue working with the Member States to ensure that the directive is completely and correctly transposed and applied across Europe.

A key role in fighting abuse in this field will play the European Labour Authority which will provide support to all actors involved.

In addition, the Commission has also published a Practical guide to posting helping workers, employers and national authorities in understanding the rules on posting of workers within EU. This understanding is essential to ensure that workers are aware of their rights and that the rules are correctly and consistently applied throughout the EU by national authorities and employers. The guide contains information (in the form of Q&A) to all areas that shall be taken into account prior, during and after posting of the worker to another member state.

Practical guide to posting along with information for specific countries can be found on the following link: https://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=9469&furtherNews=yes


Jana Střelická
Certified Tax Advisor