EU sources -ECJ: binding collective agreements apply for posted workers -February 12, 2015

The European Court of Justice has confirmed that, as regards minimum rates of pay, the terms and conditions of employment guaranteed to posted workers are to be defined by the law of the host Member State and/or, in the construction industry, by collective agreements which have been declared ‘universally applicable’ in the host Member State.

The European Court of Justice has confirmed that, as regards minimum rates of pay, the terms and conditions of employment guaranteed to posted workers are to be defined by the law of the host Member State and/or, in the construction industry, by collective agreements which have been declared ‘universally applicable’ in the host Member State. ESA, a Polish company, concluded employment contracts, under Polish law, with 186 workers before posting those workers to its Finnish branch to carry out electrical installation work at the site of the nuclear power station at Olkiluoto in the municipality of Eurajokiin. The workers concerned claimed that ESA had not paid them the minimum remuneration due to them under the universally applicable Finnish collective agreements for the electricity sector and the building technology sector. The ECJ gave them right. The ECJ also stated that compensation for living costs and accommodation does not form part of the minimum wage.

English: http://curia.europa.eu/jcms/upload ...  


For more information, please contact the editor Jan Cremers, Amsterdam Institute for Advanced Labour Studies (AIAS) cbn-aias@uva.nl or the communications officer at the ETUI, Mariya Nikolova mnikolova@etui.org. For previous issues of the Collective bargaining newsletter please visit http://www.etui.org/E-Newsletters/Collective-bargaining-newsletter. You may find further information on the ETUI at www.etui.org, and on the AIAS at www.uva-aias.net.


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