Pearle Live Performance Europe informs us that he EU’s revised Posting Directive is due to be implemented in national legislation by 30 July 2020. To accompany this implementation process and prepare Member states, employers and workers, the Commission has now published a “practical guide on posting”.
The Posting Directive and the Enforcement Directive of 2014, as well as the Social security coordination regulation, are the three main pieces of European law that impact touring companies as well as venues, theatres, festivals and organisers programming foreign productions.
The guide which is published by the European Commission deals primarily with the newly revised Posting Directive, but makes also references to the enforcement directive and the social security coordination regulation where relevant.
According to Pearle’s reading of the guide, there are indeed a range of clarifications made. However, in practice it is expected that questions will arise, in particular regarding calculation of remuneration. This may likely lead to different interpretations and become a basis for discussions. Pearle continues to underline that the provisions in the posting directive are not proportionate and not fit for purpose in the case of very short-term postings of merely a day or a few days.
Pearle members call upon their respective governments to foresee less administrative requirements and easier processing for very short-term postings.
The practical Guide on posting can be found here.