As a result of its ruling in a case brought by a Finnish union against a Polish company, the CJEU has been able to clarify the concept applying ‘minimum rates of pay’ contained in a collective agreement to posted workers. The judge in Luxemburg also included allowances and compensations in the definition of minimum pay, which, according the Attorney General should not be included as these diverse allowances go beyond the minimum regulations for the host country that apply for posted workers.
The Directive on Posted Workers (96/71) allows for minimum pay rates, as determined by universally applicable collective agreements or laws in the host country, be given to workers to the host country. In this situation, workers from a Polish electrics company posted to its Finnish branch claimed that the Polish company was not paying them the minimum rates of pay that applied under universally applicable Finnish collective agreements for the electricity and building technology sectors.
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