2024-05-09-KPMG_Global-European_Union_–_Focus_on_Enforcement_of_Rules_for_Posted_Workers_5页_204kb

GMS Flash Alert Summary

The European Commission recently published a report on the implementation of the EU Posted Workers Directive, highlighting the need for improved enforcement of existing rules. Employers must comply with host country requirements including providing appropriate terms and conditions during a temporary assignment and registering all posted workers. Failure to do so can result in significant financial penalties and reputational damage, with severe consequences including imprisonment.

Key concerns raised include:

• Third-Country Nationals: These workers face higher risks of exploitation and barriers to reporting due to dependency on employers for permits. Enhanced information access in multiple languages is urged to protect this vulnerable group.
• Complexity: Legal complexities are noted in postings through temporary agencies and subcontracting arrangements, leading to challenges in compliance.
• Enforcement: Current sanctions vary widely across member states and their effectiveness needs further assessment. Labour inspectors play a crucial role; however, increased inspection activity is recommended.

The report concludes that while the framework for posted workers won't be amended soon, efforts should focus on enhancing transparency and enforcement to ensure broader compliance, especially concerning third-country nationals and contractual patterns.