30 July 2020 is the deadline for all EU countries to implement controversial changes to the Posted Workers Directive (Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services). The amendments are designed to in fact limit the presence in the services market of workers from poorer EU countries with lower wages.
This purpose is to be served by implementing three solutions:
- the posted worker’s remuneration must be at the level applicable in the host country;
- the posting period may not be longer than 12 months;
- additional control powers for national administrations.
As at 4 August 2020, Poland is late with implementing these changes. The national implementing legislation is currently being processed in the Senate (having been enacted by the Sejm).
A large portion of EU countries has already implemented the new law. Experts note that this implementation varies hugely across the countries. Practically, thus, different EU countries may follow different practices as regards posted workers. Local pay rules will have to be carefully identified. At the same time, vigorous inquiries should be expected from the authorities even though strict control had been exercised in many countries already before. This is compounded by the unresolved issue of short business trips and A1 applications.