NEWS Employment and social policy

Go to the profile of Tanel Feldman
Jun 19, 2018
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On Thursday and Friday this week, the Council will discuss several employment and social policy topics:

  • Revision of Regulations 883/2004 and 987/2009 on coordination of the social security systems.
  • Directive on transparent and predictable working conditions.
  • Directive on work-life balance for parents and carers.
  • Regulation on establishing a European Labour Authority.

In the same context, in its statement regarding the Draft Directive of the European Parliament and of the Council amending Directive 96/71/EC, the Commission clarifies the interpretation of Article 3(7) second subparagraph as amended.

In regard to the expenditure actually incurred on account of the posting (such as travel, board and lodging) that must be reimbursed by the employer in accordance with the national law and/or practice applicable to the employment relationship, such reimbursement also covers the situation where the employer defrays costs of the workers without the latter having first to pay them and then seek to have them reimbursed (in the light of the ECJ’s ruling in C-396/13).

It must be noted that although Member States will have two years to transpose the directive into their national legislation and must apply these rules starting two years after the entry into force of the directive (until then the current wording of Directive 96/71/EC will continue to apply), the above-mentioned interpretation can be (should be) currently enforced by the Member States, in the light of the ECJ’s case-law.

Finally, it must be recalled that pursuant to Directive 96/71/EC undertakings established outside the Community must not receive more favourable treatment than undertakings established in the territory of a Member State, (the provision was not amended and must be read textually).

Go to the profile of Tanel Feldman

Tanel Feldman

Managing Partner, Immigration Law Associates

Corporate Immigration Law/Employment Law/Social Security Law/European Law

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