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Právní novinky

Equal pay for equal work

New reform of the posting of workers directive


With regard to the posting of workers the existing regulations provide that for posted workers the same employment and working conditions have to apply as for local employees. However, with regard to the remuneration the companies are only bound by the regulations on minimum wage.

Aims of the reform are new and more effective rules regarding the protection of employees against social and wage dumping. The most important modification affects the wage rate the posted employee is entitled to claim. So far, a posted employee was only entitled to claim for the compliance with the regulations on minimum wage. Subject to the new reform the same regulations shall apply in relation to the remuneration. Besides the regulations of minimum wage this also includes other legal provisions including regulations from collective agreements.

Great opposition comes from some Eastern European Countries which refuse the proposal.

Before coming into force the new directive has to be approved by the European Parliament. It remains open whether the proposal will be confirmed by the Parliament or whether there will be further modifications.