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Case Law C-396/13 (12/02/2015)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/12/2015

Subject: The Court affirmed that Directive 96/71/EC, concerning the posting of workers in the framework of the provision of services, read in the light of Article 47 of the Charter of Fundamental Rights, prevents a rule of the Member State of the seat of the undertaking that has posted workers to the territory of another Member State from barring a trade union, from bringing an action before a court of the Member State, in which the work is performed, in order to recover for the posted workers, pay claims which relate to the minimum wage. According to the Court, Directive 96/71 does not preclude a calculation of the minimum wage for hourly work and/or for piecework which is based on the categorisation of employees into pay groups, as provided for by the relevant collective agreements of the host Member State, provided that that calculation and categorisation are carried out in accordance with rules that are binding and transparent. The Court clarified that a daily allowance must be regarded as part of the minimum wage on the same conditions as those governing the inclusion of the allowance in the minimum wage paid to local workers when they are posted within the Member State concerned. The coverage of the cost of those workers’ accommodation and the allowance taking the form of meal vouchers provided to the posted workers is not to be regarded as part of the latter’s minimum salary are not to be regarded as elements of their minimum wage. Finally, the pay which the posted workers must receive for the minimum paid annual holidays corresponds to the minimum wage to which those workers are entitled during the reference period.

Parties: Sähköalojen ammattiliitto ry

Classification: Solidarity - Art. 28 Rights of workers, employers and their organisations: organisation - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified - Art. 34 Social security - Citizens’ rights - Art. 45 Freedom of movement - Justice - Art. 47 Justice: remedy

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