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EU Posted Workers Directive Revised

Client Alert | 1 min read | 07.13.18

To ensure fair wages and a level playing field between posting and local companies in the host country, while maintaining the principle of free movement of services, the European Union Posted Workers Directive of December 16, 1996 has been revised.

If a worker is posted from his/her home country to a host country in the EU, the core set of local employment legislation, such as provisions on working time, minimum salary, and health and safety in the workplace, apply to the posted worker, notwithstanding the fact that the employment contract is subject to the home country’s law.

This set of core provisions has now been expanded. For instance, the host country’s local rules on accommodation (if accommodation is offered to the worker) also apply to the posted workers. The same goes for expenses on behalf of the employer, such as travel and meal expenses. Another main expansion relates to the definition of ‘remuneration’. It is now explicitly determined that remuneration includes all benefits, by law to be granted to local workers in the same job, such as an end-of-year bonus, meal vouchers, and a mobility allowance (and no longer only the fixed minimum salary). Equal pay for equal work in the same EU country.

After 12 (or 18) months of posting, the entire local employment legislation (and not only the set of core provisions) should apply to the posted workers (with some exceptions regarding termination and additional pension schemes).

EU Member States now have two years to adopt the new rules into local legislation.

Therefore, in two years’ time, local employment legislation will apply to a (much) larger extent to any workers you post to the EU. The impact on postings to Belgium will be relatively low as Belgian law already includes most of the changes, and since almost the entire employment legislation should be considered to be core legislation.  Other EU Member States may have some work to do.

Insights

Client Alert | 3 min read | 06.12.26

DOJ Guidance Backs Away From Disparate Impact Liability

On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”...