Posted Workers Regulations 2016 (Enforcement of Employment Rights)

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In the increased globalisation of companies including the use of workers from one country in another country, the introduction of the Posted Workers (Enforcement of Employment Rights) Regulations 2016 has provided regulations over what terms and conditions companies should be providing workers in this situation. The regulations only applies to members of the European Union working and the protections relate to those who carry out construction, repair, upkeep, alteration or demolition of buildings, and are relevant to specific work types in the construction sector.  The worker will be entitled to the same minimum employment rights and working conditions available to other workers employed in the host country i.e. if somebody from Poland works in France (the host country) they will be entitled to the same maximum work periods, minimum paid holidays, minimum rates of pay, overtime, health and safety and hygiene at work, and non-discrimination provisions in France not Poland.

One of the key factors of the regulations for companies is the protection not only applies for their own workers but anybody that is a subcontractor working for them.  The regulation allows for workers to bring an unpaid wage claim through the employment tribunal system against the contractor immediately above their employer if their employer has failed to pay them the national minimum wage.  The liability to the company will only be for the difference between what pay they have received and the national minimum wage.  The worker has only a 3 month time limit from the ‘deduction’ of wages to when they can submit a claim.

Companies can protect themselves from claims if they are able to show that they have completed due diligence with any contractors they use to establish that they pay the relevant terms and conditions for whichever host country the workers is undertaking the work in.

 

By Eluned Ward

High Performance Consultancy

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