In 2018, an EU directive determined that companies sending workers to other EU countries must comply with wage and working condition rules of the countries where they are posted. Hungary and Poland filed an objection, claiming that the directive would inhibit the free flow of workers and services across the region. The objection was based on the claim that the EU directive was based on social policy and conflicted with freedom of services.
In its ruling, the EU Court of Justice declined that objection. According to the court, the reasoning for the EU directive was the goal of promoting fair competition between local businesses and workers and those from abroad. It was not seen as a violation of freedom of services.
Takeaway: The flow of services across the EU will likely accelerate again as companies and workers become more flexible in a post-pandemic environment. In addition to addressing the conditions of workers being placed across borders, the ruling is likely to have an effect on the supply, demand and costs associated with those workers. A talent partner can help provide insight into both the regulatory implications and the impact on those costs for companies working in the region.
Coronavirus Considerations for Businesses
US: Biden Administration Freezes Proposed Regulations on Worker Classification
US & Canada: Both Employees and Contractors are Among Growing Alphabet Workers Union
US: H1-B Electronic Registration Process Could Undergo Changes
US: Age Discrimination Claim Denied in Worker Performance Case
UK: AGS Launches IR35 Resource Site to Help Companies Prepare for April Countdown
UK: Points-Based Immigration System Updated
UK: Brexit Trade Deal Excludes Financial Services, With Data Sharing and Privacy Rules to Come
India: A Government-Mandated Wage Code Restructuring Could Boost Retirement Income
China: Heavier Penalties for Violating Workplace Safety Measures Being Considered
Australia: New Reform Bill Aims to Protect Workers, Define Casual Employment
This update contains general information only, and AGS is not rendering legal advice. Before making any decision or taking any action that may affect your business, you should consult qualified legal counsel. AGS shall not be responsible for any loss whatsoever sustained by any person or company who relies on this update.