The European Union’s Posted Worker Directive is specific to employees undertaking short-term business tips throughout the European Economic Area (EEA). How then, does the United Kingdom’s withdrawal from the union affect your notifications? If you frequently have staff completing secondments to Europe from the UK it is important to consider the impact of Brexit on the implementation of the directive.
An important point when it comes to Brexit and its impact on the Posted Workers Directive is that there will be no changes to the current working processes until the end of 2020. Until this point, the United Kingdom will be treated no differently than any other European country with regards to the notification requirements and procedures.
British employers posting workers to Europe
Continue your posting notification procedures as normal, ensuring to fill out the required details for the host country of your employees’ secondments. You will notice that even for those member states which only require notifications from other EEA countries, the United Kingdom will be listed.
European employers posting workers to the UK
Those planning on sending their employees on secondment to the United Kingdom before the end of 2020 should understand that the Posted Workers Directive does not apply in this regard, as the legislation has not been incorporated into its national legal system. Instead, individuals must apply for a Standard Visitor Visa if required; there are no additional declaration requirements.
2021 and Beyond
Despite the departure of the United Kingdom from the EU, Brexit will likely not have a drastic effect on the implementation of the Posted Worker Directive for British employers posting workers to the EEA. In most EEA countries, British organisations will continue to be subject to the obligations of the Posted Workers Directive. This is due to the fact that the majority of European countries have now extended the requirement for posted worker notifications to be filed for employees travelling from any country across the globe.
As such, it is expected that most British employers will find little or no change to their declaration requirements after Brexit has been completed. It is essential that organisations across Britain who post employees on secondments across the EEA continue to comply with the declaration regulations, although with the added step of applying for an appropriate visa, dependent on the host country’s individual requirements.