The Posted Workers (Enforcement of Employment Rights) Regulations 2016

Scope of application of this Part

4.—(1) This regulation and regulations 5 to 9 apply to a posted worker in the construction sector who—

(a) is working or has worked in Great Britain; and

(b) is working or has worked for the employer to perform services that relate to the employer’s contractual obligations to the contractor.

(2) For the purposes of this regulation and regulations 5 to 9—

“contractor” means a person with whom the employer has contracted to provide services;

“employer” means a service provider established in a Member State which posts or hires out workers in accordance with paragraph 3 of Article 1 of Directive 96/71/EC;

“posted worker in the construction sector” means a worker who—

(a)

normally works in a Member State other than the United Kingdom but, for a limited period, carries out work on behalf of the employer in Great Britain; and

(b)

undertakes building work relating to the construction, repair, upkeep, alteration or demolition of buildings including any of the following—

(i)

excavation;

(ii)

earthmoving;

(iii)

actual building work;

(iv)

assembly and dismantling of prefabricated elements;

(v)

fitting out or installations;

(vi)

alterations;

(vii)

renovation;

(viii)

repairs;

(ix)

dismantling;

(x)

demolition;

(xi)

maintenance;

(xii)

upkeep, painting and cleaning work; and

(xiii)

improvements.