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Commentary

9.3 Posted Worker Directive — EU postings

Sweden

The Posted Worker Directive (PWD) 96/71/EC covers the temporary secondment of staff within the EU from one member state to another. It applies where there is posting under a contract of service, an intra-group temporary transfer or a hiring out through a temporary agency.

The PWD provides that all member states must publish, monitor, control and enforce the minimum terms and conditions of employment in respect of:

  1. Ìý

    •ÌýÌýÌýÌý remuneration and overtime rates

  2. Ìý

    •ÌýÌýÌýÌý work and rest periods including paid annual leave

  3. Ìý

    •ÌýÌýÌýÌý hiring-out workers on a temporary basis

  4. Ìý

    •ÌýÌýÌýÌý health and safety standards at work

  5. Ìý

    •ÌýÌýÌýÌý protective measures for vulnerable groups (eg pregnant mothers, young people, etc)

  6. Ìý

    •ÌýÌýÌýÌý non-discrimination

  7. Ìý

    •ÌýÌýÌýÌý accommodation conditions, where provided by the employer

  8. Ìý

    •ÌýÌýÌýÌý travel allowances/expense reimbursement

(PWD 96/71/EC, Art 3(1))

During their posting, the employee must enjoy at least the legal minimum terms and conditions of employment in their home country unless the terms are better in the country to which they have been

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