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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.
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.
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.