The new Directive has been created to guarantee the rights for short-term displaced workers and It has been established the obligation of having sanctioning committees.
The new European Directive 2018/957, published on 9th June of 2018, make some changes in the Spanish Law 45/1999, or any law from the member countries that regulate the condition of short-term displaced workers inside of the European Union.
The Directive cause some modifications that are intended to save and strengthen the rights of the displaced workers to another country. This new normative adds more obligations to defend equality between displaced and national workers and increase the supervisory work by member countries in order to ensure the compliance of the new changes.
The most remarkable change takes places when displacement is longer than 12 months. Companies must ensure to displaced workers all the laboral conditions established in the country where the worker is travelling to in addition to the minimum conditions that were previously in force (except in relation to the conditions set for the termination of employment contracts, including non-competition clauses and supplementary retirement schemes). This period of 12 months could be increased exceptionally if the provider submits the corresponding notification.
The conditions in which equality between workers must be guaranteed are extended, for example, in the conditions of accommodation of workers (in case that the company provides it), or in case of reimbursement for expenses from travel, accommodation or maintenance costs when they must travel for laboral reasons.
By last, all this new regulation will be strengthened by special committees that will ensure the compliance and It will punish the breach of this normative.
The Directive came into force 20 days after It’s publication, but the member countries could apply It until 30th July of 2020. Nowadays the Spanish normative has not been changed and It is expected that changes may occur soon in the Spanish Law 45/1999.
B Law & Tax
International Tax & Legal Advisors