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The EU Guideline number 957 /2018

In addition to the rules concerning the equality of treatment of the posted workers, the EU Guideline  number 957 /2018 refers to the “basic minimum wage” with the term “ retribution”,  that has a wider meaning  including  the combination of its constitutive  elements,   legal provisions, regulations, administrative rules and collective agreements .

The Guideline, indeed , extends the subjects concerning the application of the Laws of the hosting member State ( accomodation, travel expenses reimbursement, food and lodging in case of transfers or travels required by the posting CompanyI

In addition to this, The Guideline.establishes the concept of transparency on “remuneration issue”, forcing each Member State to publish on the institutional web-site all the elements composing the remuneration, as well as all the working and occupational  conditions the posted worker will be offered, following the law, rules or collective agreements in force in thr hosting State.

Particularly relevant is the new rule of the actual Guideline  that  enshrines the reduction of  l maximum period of posting, from 24 to12 months. After 12 months ( that can be extended to 18 months if the reasons for this decisions are motivated by the service supplier) the posted worker will have to follow the work and occupational conditions stipulated by the hosting State, except for the procedures  and the conditions for the conclusion and the ending  of the contract of employment, the non-competition clauses,  and the supplementary pension schemes of the category.

After 12 months, notably, the posted worker will  be subjected to the posting Member State social security contributions laws.  Whenever the posted worker is replaced with another worker, the 12 months period ( or 18 months) will be calculated adding up the posting period of each worker.



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