BRAIN FOOD: Workplace rights - Employment law sans frontieres

BRAIN FOOD: Workplace rights - Employment law sans frontieres - The little-noticed Posted Workers Directive came into force in the European Union last December. It stipulates that any worker transferred to another EU country, whether for a day or five yea

by MICHAEL BURD and JAMES DAVIES, Lewis Silkin, solicitors
Last Updated: 09 Oct 2013

The little-noticed Posted Workers Directive came into force in the European Union last December. It stipulates that any worker transferred to another EU country, whether for a day or five years, can benefit from minimum employment rights of the host country.

The so-called 'Auf Wiedersehen Pet' directive now prevents German bosses from undercutting local pay laws by importing Geordie labourers. The converse is that EU workers temporarily in the UK must benefit from British laws.

For example, discrimination laws now exclude only those working wholly outside the UK, and the rule excluding those 'ordinarily working outside the UK' from the right to claim unfair dismissal is scrapped. 'Normal principles of international law' now apply to such claims, says the Government.

That requires employers to gen up on impenetrable tracts such as the Lugano, Brussels and Rome Coventions. e-mail: info@lewissilkin.com.

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