We say a worker is “a posted worker” (pol. pracownik delegowany) when he is employed in one EU Member State but sent by his employer on a temporary basis to carry out his work in another Member State. For example, a service provider may win a contract in another country and send his employees there to carry out the contract.

Directive 2014/67/UE of the European Parliament and of the Council on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services was adopted on 15 May 2014. It should be implemented and come into force within 2 years after its adoption in EU and EEA Member States.

The posted worker is a controversial topic because of few reasons. First of all, more developed economically Member States of EU can have a patronizing attitude. They are afraid of mass migration caused by  deepening of economic integration and so called “social dumping”. On the other hand countries who are posting the biggest number of employees (as Poland, where each year around 20% of general number of posted workers in EU are sent abroad to provide the services) want to remove the barriers and deepen the integration.

From legal point of view the question of posted workers were problematic  because of limited legislation.  Directive 96/71/WE contains basic principles related to institution of posted workers, i.e. minimum conditions which has to be applied to posted worker in the country to which he or she is posted, such as

* minimum salary,

* maximum work periods and minimum rest periods,

* minimum rates of pay, including overtime paid, etc..

It states that the working condition has to be the same or better than those applied to the workers in the country of posting. An exception is a situation in which the working conditions are more favorable in the country from which an employee is posted – in this case those more favorable conditions have to be applied.

The directive sets also a definition of posted worker as well as requirement  to create liaison office in each EU state to facilitate exchange of information between interested entities.

Directive 96/71/WE  was negotiated for almost 5 years, but in effect the directive contains only 9 articles and it still doesn’t treat a matter of posted worker in an exhaustive manner. In addition, since directive 96/71/WE has been adopted in 1996 EU has enlarged from 15 to 28 countries. In consequence the economic inequalities within EU has deepened. Very important were also expansion of internet, especially in case of information exchange. In effect, the rights of posted workers were abused and the  provisions were not effective. Moreover, lack of proper regulations created a situation in which enterprises within EU didn’t have an equal conditions for development.

The main issues which required additional regulations were :

* Control in the country of delegation;

* Execution of fines and penalties;

* Flow of information between administrative bodies;

* Flow of information between administrative bodies and enterpreneurs;

* Lack of effective way to lodge a complaint.

Directive 2014/67/UE introduced appropriate principles and proceedings which:

* Let the posted workers execute their rights,

* Facilitate flow of information between EU Member States and access to information for a enterpreneurs;

* Introduce joint and several liability in construction industry;

* Limit the means of control which can be settle by Member States.

Hopefully, an enforcement of directive will be implemented by EU and EEA Member States effectively and it will let enterpreneurs provide the services by posting workers without any limitations, what will strengthen common market and raise the competitiveness of EU.

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