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POSTED WORKERS

 

DIRECTIVE 96/71/EC CONCERNING THE POSTING OF WORKERS IN THE FRAMEWORK OF THE PROVISION OF SERVICES

 

The Directive concerning the posting of workers in the framework of the provision of services guarantees minimum rights to workers posted by undertakings to perform work in the territory of a Member State within the context of cross-border provision of services. Regardless of the fact that their employment relationship is regulated by law of other country, the workers posted to the territory of a Member State must be guaranteed minimum working and employment conditions as stipulated by national regulations or generally applicable collective agreements of the country where work is carried out.

 

The directive sets the principle that the undertakings established outside the Community must not receive more favourable treatment than undertakings established in the territory of a Member State. 

 

Posted worker means:

  • a worker who, for a limited period, carries out his work in the territory of a Member State other than the State in which he normally works.

 

The Directive applies to undertakings that:

  • post workers to the territory of a Member State on their account and under their direction, under a contract concluded between the undertaking making the posting and the party for whom the services are intended, provided there is an employment relationship between the undertaking making the posting and the worker during the period of posting
  • post workers to an establishment or to an undertaking owned by the group in the territory of a Member State, provided there is an employment relationship between the undertaking making the posting and the worker during the period of posting
  • being a temporary employment undertaking or placement agency, hire out a worker to a user undertaking established or operating in the territory of a Member State, provided there is an employment relationship between the temporary employment undertaking or placement agency and the worker during the period of posting.

The directive refers to the following terms and conditions of employment:

  • maximum work periods and minimum rest periods
  • minimum paid annual holidays
  • minimum rates of pay, including overtime rates
  • conditions of hiring-out workers, in particularly the supply of workers by temporary employment undertakings
  • 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, of children and of young people
  • equality of treatment between men and women and other provisions of non-discrimination.

Manner of transposing the Directive provisions


The Member States must ensure that the posted workers are guaranteed minimum terms and conditions of employment as applicable in the Member State where the work is carried out and governed by the laws, regulations and administrative provisions and/or collective agreements or arbitration awards which have been declared universally applicable. Member States may derogate from provisions guaranteeing individual terms and conditions of employment in case of certain posted workers and in specific cases of posting.

 

Slovenian legislation


In the Republic of Slovenia, individual employment relationships are governed by the Employment Relationships Act (Ur. l. RS, No. 42/2004, 103/2007). The employer who temporarily posts workers under the employment contract governed by foreign law to work in the territory of the Republic of Slovenia must ensure such workers the rights stipulated by the legislation of the Republic of Slovenia and general collective agreement governing working hours, breaks and rest periods, night work, minimum annual leave, wages, health and safety at work, special protection of workers and equal treatment, if more favourable to workers.

 

Exceptions laid down in Slovenian labour law:

  • in the case of first installation of goods where this is an integral part of a contract for the supply of goods and does not exceed eight working days and is carried out by the specialist workers of the supplying undertaking, the provisions of Slovenian legislation concerning payment and annual leave do not apply
  • if the reciprocity in cases of postings not exceeding one month exists, the payment requirements need not comply with the regulations of the Republic of Slovenia even if more favourable to workers.

Both mentioned exceptions refer to employers in the building sector.

 

Regulations of the Republic of Slovenia relating to the provisions of the Directive:

  • Employment Relationships Act
  • Rules on protection of health at work of pregnant workers and workers who have recently given birth and are breastfeeding
  • Rules on protection of health at work of children, adolescents and young persons
  • Act Implementing the Wage Policy Agreement for Private Sector for 2004-2005
  • Health and Safety at Work Act and ensuing implementing regulations
  • regulations governing equal gender treatment and other regulations ensuring non-discriminatory treatment (more information:Governmental Office for Equal Opportunities)

Collective agreements in the Republic of Slovenia