CIPP Payroll: need to know 2018-2019

Travel, board and accommodation costs will have to be paid by the employer and not deducted from workers’ salaries. Employers will also have to ensure that the accommodation conditions for posted workers are decent, and in line with national rules. Duration of posting The duration of the posting has been set at a maximum of 12 months, with a possible extension of 6 months. Thereafter, the worker will still be able to stay on and work in the member state to which he or she is posted, but beyond this, working conditions will be subject to the host country’s labour rules. Protection against fraud In the event of a fraudulent posting, e.g. by a letterbox company, member states should cooperate to ensure that posted workers are protected, at least, by the conditions of the Posting of Workers Directive. International road transport The new elements of the revised directive will apply to the transport sector once the sector-specific legislation, included in the Mobility Package, enters into force. Until then, the 1996 version of the directive remains applicable. New rules to apply within two years Member states will have two years to transpose the rules into their national laws, and must put them into effect by the end of this period.

According to an article by Pinsent Masons employment law experts, there is nothing in place around UK implementation at this point.

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Acas guidance on overtime 26 June 2018

Acas has published new guidance on overtime which includes a reminder for those employers who want to rely on either guaranteed or non-guaranteed overtime that they should clearly set out in the terms and conditions of employment that the overtime is compulsory.

The new guidance from Acas covers:

• Voluntary overtime • Compulsory and guaranteed overtime • Compulsory but non-guaranteed overtime • How much overtime a worker can work • Pay when working overtime • Alternatives to paying staff for working overtime • Overtime for part time workers • Impact of overtime on holiday calculations

The guidance also highlights that while overtime may be worked for no additional pay, a worker's hourly rate must not fall below the National Minimum Wage.

An employer also needs to ensure that working additional hours to take the time back at a later date does not take their worker below the National Minimum Wage for that Pay Reference Period.

Read the new guidance from Acas.

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The Chartered Institute of Payroll Professionals

Payroll: need to know

cipp.org.uk

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