OFAC revokes so-called U-turn authorization for Cuba-related financial transactions
OFAC published a final rule that modifies the Cuban Assets Control Regulations to revoke the so-called "U-turn" authorization.
The Posted Workers Directive (Directive 96/71/EC and Directive 2014/67/EU) (the Posted Workers Directive) applies where a company (the Service Provider) in one EU member state, has a contract to provide services to an undertaking in another member state and pursuant to that contract posts workers (Workers) to that other member state. The Posted Workers Directive is implemented in the Netherlands by the Employment Posted Workers in the European Union Act (Wet arbeidsvoorwaarden gedetacheerde werknemers in de Europese Unie) (WagwEU).
Below we look at the most important aspects of the WagwEU.
There are a number of administrative obligations which apply to Service Providers:
A Worker who temporarily works in the Netherlands under the Posted Workers Directive, irrespective of the law that governs the underlying employment contract, derives rights from the WagwEU on day one of the assignment. In accordance with Article 2 of the WagwEU, the foreign employer is obliged to apply several provisions of the Dutch Civil Code to the underlying relationship.
The Posted Workers Directive provides a limited list of terms and conditions that should be guaranteed by the Service Provider:
In addition to the rights under the Dutch Civil Code (7:616, 7:626; 7:634-642; 7:646; 7:648; 7:649; 7:655; 7:658), the Worker must be guaranteed any terms and conditions under any CLA that has been declared generally binding in a given sector of industry. If these obligations are not observed, the Inspectorate SZW may impose a fine. The amount of any fine can be increased where there has been wilful evasion or repeated offence.
Whether a universally binding CLA applies can be checked here (Directie Uitvoeringstaken Arbeidsvoorwaardenwetgeving). If certain provisions from the CLA are not observed, employees and/or social partners may institute an action against the Service Provider.
CLAs that have been specifically mentioned on the website of the SZW Inspectorate are: (i) the CLA for temporary agency workers; (ii) the CLA for the Dutch Insurance Industry (office staff); (iii) the CLA in the Metal Working and Electrical Engineering Industry (Metalektro); and (iv) the CLA for the Dutch Construction Industry.
Responsibility for the substantive accuracy of the information provided and the translation of the CLA provisions rests exclusively with the parties to the CLAs. Only the Dutch version of the text of the decision to declare a provision universally binding (AVV Decision) has legal validity for the determination of rights and obligations.
Please feel free to contact Maartje Govaert or Thomas Timmermans for any advice or further questions in respect of the above.
On 5 September 2019, Professor John McMillan AO’s Final Report (Report) on the operation of the Narcotic Drugs Act 1967 (ND Act) was tabled in Parliament. Section 26A of the ND Act required the Minster to cause a review of the operation of the ND Act to be undertaken.