Posting of workers by an employer established in the EU in the Czech Republic (according to Directive 96/71 / EC)

The conditions for the posting of workers are laid down in Directive 96/71 / EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services ("Directive of the Posting Workers "), which applies to undertakings established in a Member State if: in accordance with Article 1 (3) of this Directive, take transnational measures set out exhaustively:

1. To post a worker in the territory of a Member State, on their own account and under their direction, on the basis of a contract concluded between the posting undertaking and the part for whom the services are intended, operating in that Member State if there is an employment relationship between the posting undertaking and the worker, or
2. To post a worker to an establishment or undertaking belonging to a group of undertakings in the territory of a Member State if, during the period of posting, there is an employment relationship between the posting undertaking and the worker, or
3. as the temporary employment undertaking or the undertaking providing the workers shall post a worker to an undertaking which employs him or her, established or operating in the territory of a Member State, if, during the period of posting, there is an employment relationship between the temporary employment undertaking or the undertaking providing the workers and the worker on the other side.

 

In all these cases, there must be an employment relationship between the posting undertaking or the temporary employment undertaking or the undertaking providing the workers, on the one hand, and the worker, on the other, for the duration of the posting.

 

Article 2 of the Posting of Workers Directive expressly states that 'for the purposes of this Directive, a posted worker is a worker who, for a limited period, carries out work in the territory of a Member State other than that in which he normally works'.

 

Complete information on the posting of workers in the Czech Republic (according to Directive 96/71 / EC) can be found on the website of the State Office of Labour Inspection: https://www.suip.cz/vysilani-pracovniku/.