On 18 August 2020, the President signed a law amending the Act on the Posting of Workers In the Framework of the Provision of Services and certain other laws to implement Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018.
The new law introduces a number of changes, including the following:
- The posting period will be reduced to 12 months (extendable to 18 months after a “motivated notification” is given to the State Labour Inspection) with minimum terms of employment to be maintained.
- After that period ends, the terms applied to the worker must be no worse than those applicable under the law, including the Labour Code.
- New pay regulation: remuneration must equal at least that applicable to a local worker at the same position, rather than the minimum wage.
- New rules for the totalling of posting periods: workers who are posted to replace other posted workers performing the same task at the same place must be included, too.
- New powers for the State Labour Inspection.
The new law is expected to become effective on 4 September 2020. Importantly, the new rules will cover also those employers whose workers are already posted on the effective date.
If these issues pertain to your business and you are interested in our assistance, please contact your WTS&SAJA consultant.
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