Directive 96/71/EC concerning the posting of workers

The Directive lays down a set of binding rules on terms and conditions of employment to ensure that the rights and working conditions of posted workers are protected across the EU and to create a level playing field.

Objective

Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services aims at avoiding social dumping by laying down mandatory provisions regarding working conditions and the protection of workers’ health and safety.

Contents

The basic principle of employment protection of posted workers is that they remain employees of the sending undertaking and are therefore subject to the law applicable to their employment contract. In most cases, this is the law of the home Member State. However, the Directive provides that the rules applicable in the host Member State will apply to the core terms and conditions of employment in so far as they are more favourable than the protection afforded by the employment law of the home Member State (or the law applicable to the employment contract).

A posted worker can rely on the terms and conditions of employment covering the following matters:

maximum work periods;
minimum rest periods;
minimum paid annual leave;
remuneration, including overtime rates;
equal treatment of men and women and non-discrimination;
the conditions of hiring-out of workers;
protective measures for vulnerable workers (e.g. young workers, pregnant workers and mothers who have recently given birth);
health and safety at work in general;
conditions of accommodation and travel expenses.

In order to strengthen the practical application, Directive 2014/67/EU on the enforcement of Directive 96/71/EC was adopted. The Enforcement Directive addresses fraud, the circumvention of rules (e.g. via letter-box companies) and the exchange of information between the Member States. It contains a list of national control measures which can be applied in order to monitor compliance.

Read the full text of Directive 96/71/EC

National laws implementing this Directive

Further information