Directive 96/71/EC aims at avoiding social dumping by establishing a list of working conditions which posted workers must be granted in the host country.
In contrast to migrant EU workers, who live abroad on a regular basis and who are entitled to equal treatment in employment and working conditions, posted workers are sent by an employer on a temporary basis e.g. for realising a project. The non-national employer might be tempted to underbid national competitors by making use of lower labour standards.
The Directive defines a list of working and employment conditions which must be applied to posted workers, e.g.
- maximum work periods;
- minimum rest periods;
- minimum paid annual leave;
- minimum rates of pay and overtime rates - minimum rates are defined by the national law or practice of the Member State to whose territory the worker is posted;
- 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 the consolidated version of the Directive (including later corrections and amendments)
See also information of the European Commission - DG Employment, Social Affairs and Inclusion:
Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the application and implementation of 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 and amending Regulation (EU) 1024/2012 on administrative co-operation through the Internal Market Information System (2019)