The new reform in transnational posting

The EU Directive No. 2018/957 amending the directive 96/71/EC regarding the posting of employees during the provision of services has been published on the EU Official Journal dated 9 July 2018. Specifically, the directive orders that the maximum term for transnational posting be 12 months, with the possibility of extending it for additional 6 months. At the end of the 12 months, based on the equal treatment principle, the posted employee shall be guaranteed with all the labour and employment conditions of the Country where he/she works. During the posting, the employees will be subjected to the regulations of the hosting country in terms of remuneration and they shall have the right to enjoy the lodging and indemnity conditions or reimbursement for travel expenses, meal and lodging, since he/she is away from home for business reasons. The member states shall apply also the regional or sector’s collective agreements, if widely encompassing and representative. The period in which the posted employee will hold his/her contributory regime  applicable in the origin country is reduced from 12 to 24 months and the regulations on the maximum work periods and minimum rest periods shall apply, including those governing the term of paid annual leaves. The regulation expands the application of the rules also to the staffing agencies that decide to post a worker at a user’s company headquarters or centre of activity in the territory of a member state. The Member States now have two years of time to adjust to said regulation their own domestic laws and regulations meaning by 30 July 2020.