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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.

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Client Alert | 3 min read | 06.03.26

Important EU Court Judgment Clarifies Rules on Interest Due in Cartel Damages Cases

In a judgment that will have direct and immediate consequences, the Court of Justice of the European Union (CJEU) has clarified that for all competition damages actions brought after 26 December 2014, interest runs from the date on which the harm occurred. The ruling addressed two important questions: (1) whether national provisions implementing Article 3(2) of the EU Damages Directive — which requires interest to run from the date harm occurred —apply to cases in which the harm preceded the adoption of those provisions; and (2) how the date of harm should be determined in cartel cases involving the purchase of goods at inflated prices....