The Posted Workers ( Enforcement of Employment Rights ) Regulations 2016 come into effect on the 18th June 2016. The 1996 Posted Workers Directive (96/71/EC) provides a framework so that both businesses and workers can take full advantage of the opportunities offered by the single market. The Directive supports the freedom to provide services across the EU and provides both fair competition for businesses and respect for the rights of the workers.
It entitles posted workers to statutory employment rights in the country they are posted to. These are:
•maximum work periods and minimum rest periods;
•minimum paid annual holidays;
•minimum rates of pay, including overtime rates;
•the conditions for hiring out workers, in particular the supply of workers by temporaryemployment firms;
•health, safety and hygiene at work;
•protective measures with regard to the terms and conditions of employment of pregnant women or women who have recently given birth;
•children and young people; and
•equality of treatment between men and women and other non-discrimination provisions.
The 2014 Enforcement Directive (2014/67/EU) provides enforcement requirements in the 1996 Directive to be transposed by the end of this month. The UKis implementing the provisions of the Directive through the 2016 Regulations applicable to Scotland, England & Wales.