Consultation outcome

Posted Workers Enforcement Directive

• From: Department for Business, Innovation & Skills
• Published: 23 July 2015
• Last updated: 28 January 2016 — See all updates

This was published under the 2015 to 2016 Cameron Conservative government

This consultation has concluded

Read the full outcome

Implementing the Posted Workers Enforcement Directive consultation - government response

Ref: BIS/16/26

PDF, 438 KB, 27 pages

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Implementing the Posted Workers Enforcement Directive consultation - impact assessment

Ref: BIS/16/28

PDF, 309 KB, 33 pages

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Detail of outcome

We will introduce regulations to bring in some new measures to implement the requirements of the Posted Workers Enforcement Directive.

These measures will introduce limited subcontracting liability in the construction sector. This means that a posted worker in the sector can bring an individual claim for unpaid wages for the national minimum wage against a contractor in an employment tribunal. A due diligence defence will be available to the contractor.

Subcontracting liability will be limited to the construction sector and to the contractor one up the supply chain from the posted worker’s direct employer.

Feedback received

Implementing the Posted Workers Enforcement Directive consultation - list of responses

PDF, 605 KB, 57 pages

Detail of feedback received

We received 9 responses to the consultation including:

• business representative groups (4)
• trade unions (3)
• legal representatives (2)

During the consultation we offered to meet with any interested stakeholders. This analysis takes account of the views of one further business representative body which didn’t provide a formal response.

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Original consultation

Summary

We’re seeking your views on proposals for how the government will comply with the Posted Workers Enforcement Directive.

This consultation ran from
9am on 23 July 2015 to 11:45pm on 24 September 2015

Consultation description

A posted worker is a worker who carries out his work for a limited period of time in an EU member state other than that in which he normally works. Posted workers are not the same as migrant workers who, of their own accord, move between member states to seek work and are employed there.

We’re seeking views on proposals for how the government will comply with the obligations in the Posted Workers Enforcement Directive. Among those who may wish to respond are business representative bodies and trade unions.

Documents

Implementing the Posted Workers Enforcement Directive consultation

Ref: BIS/15/413

PDF, 352 KB, 50 pages

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Implementing the Posted Workers Enforcement Directive consultation - impact assessment

Ref: BIS/15/422

PDF, 515 KB, 45 pages

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Published 23 July 2015
Last updated 28 January 2016 + show all updates

1. 28 January 2016

   Added government response, impact assessment and summary of responses received.

2. 23 July 2015

   First published.