Marianne Thyssen, the European Commissioner for Employment, Social Affairs, Skills and Labour Mobility, in a letter to the Polish MEP, explains how to interpret current regulations related to the posting of employees when it comes to covering travel expenses.
In June this year, MEP Danuta Jazłowiecka sent a letter to Commissioner Marianne Thyssen (pictured) and Commissioner Elżbieta Bieńkowska. The document requested an explanation on how exactly the employer should pay the travel expenses, i.e. meals and accommodation for posted workers. Specifically, it seeked to clarify whether this obligation is governed by the laws of the sending or receiving country.
Jazłowiecka received alarming signals from France that the labor inspection would require the application of French law in this area, although this would be incompatible with the provisions of the 1996 Posting Directive. According to its provisions, the employer’s obligation to cover these costs is governed by the labor law of the sending country.
Thyssen dispels doubts
Jazłowiecka received the answer only at the beginning of November. Thyssen confirms that this issue is determined by the regulations of the country from which the employee is delegated.
We also learn from the letter to the MEP that this principle has been enshrined in the revised directive on the posting of 2018. The only exception is the situation when the journey takes place in the host country – then the law of that country is applied.
As for the worrying voices about the practices of the French labor inspectorate, Commissioner Thyssen promised to take a closer look at the European Commission’s assessment of measures implementing the rules on posting in EU countries.
Editor’s comment
The position of the Commissioner and the provision in the amendment to the Directive on the posting are beneficial for Polish employers. Let us hope that the European Commission will put a stop to the practices of the French labor inspectorate, which interprets the EU rules differently.
Photo: Flickr/EU2017EE Estonian Presidency CC BY 2.0