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The Posting of Workers Directive 2018/957/EU

In this issue:

Posting of Workers Directive Reform

The Posting of Workers Directive 2018/957/EU (the “Reform Directive”) was adopted by the European Parliament on 29 May 2018 and is a revision of the existing Posting of Workers Directive of 1996, raising the material protection level for posted workers. The Reform Directive must be transposed into the national legislation of European Union countries, including Romania, ultimately by 30 July 2020.

The implementation of the Reform Directive will have major consequences for the rules applicable to posting of employees. According to the Reform Directive, when the posting period exceeds 12 months, all local employment terms and conditions of the host country will also apply to the posted worker, as opposed to the existing rules which guarantee only a limited set of core rights.

Also, during the posting period, the posted employees will be entitled to receive all the components of remuneration that fall under the national concept of remuneration, and not only the minimum national wage, as this is currently generally applicable in European Union countries.

Prepared by:
Anca Atanasiu – Senior Associate, Radu și Asociații SPRL
For additional information, please contact:
Andrei Ștefanovici – Senior Managing Associate, Head of Employment Practice
Radu și Asociații SPRL
Bucharest Tower Center Building,
22nd Floor, 15-17 Ion Mihalache Blvd.,
Sector 1, 011171, Bucharest, Romania
Tel: (40-21) 402 4100, Fax: (40-21) 310 6987
Email: office@ra-law.ro
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