HRM Global Mobility Practice: Remuneration of Posted Workers as a Part of Relocation Process

DANIELA ZACHOVÁ – ZUZANA KŘEČKOVÁ KROUPOVÁ

Abstract

The enactment of revised Posted Worker Directive in 2018 (Directive 2018/957/EU)
gave a momentum to EU Member states to transpose the Directive into their national legal
order within a two-year duration. Posted workers remuneration reimbursed by the Employer
must be calculated on the principle of an “equal pay”, which either has to be based on the
comparison of remuneration received by the Employer in the Home country and the statutory
minimum wage in the country of posting, but also alternatively, based on the universally
applicable collective bargaining agreements, if those apply. In order to apply such principle,
when calculating the posted workers remuneration, it is necessary for the Sending entity (as
Home employer) to obtain and evaluate the collective bargaining agreements applicable for
the respective work performance done in the scope of posting, which is a challenge, as the
collective bargaining agreements are often available only in local language. Therefore, this
paper investigates the situation across all EU, EEA and EFTA Member states and aims to
provide a comprehensive overview on a regional scale of remuneration system with the main
focus on basic salary for posted workers including the state of translation universally applicable
collective agreements per each above mentioned state.

Keywords

posted worker, remuneration, equal pay

DOI

https://doi.org/10.18267/pr.2024.vol.2512.15

 

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