Paragraph 10 The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016

(1)

The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016^f1 are amended as follows.

(2)

In regulation 3 (scope of application of Part 2)—

(a)

in paragraph (2)—

(i)

for the definition of “employer” substitute—

““employer” means a service provider established in the United Kingdom or a Member State which posts or hires out workers in a manner described by paragraph 3 of Article 1 of Directive 96/71/EC^f2;”;

(ii)

in the definition of “posted worker in the construction sector”, in sub-paragraph (a), omit “other than the United Kingdom”.

(b)

after paragraph (2) insert—

“(3)
For the purposes of the definition of “employer” in paragraph (2), paragraph 3 of Article 1 of Directive 96/71/EC is to be read as if—

(a)
in point (a)—

(i)
after “post workers to” there were inserted “the United Kingdom or”;

(ii)
after “operating in” there were inserted “the United Kingdom or”;

(b)
in point (b), after “by the group in” there were inserted “the United Kingdom or”;

(c)
in point (c), after “operating in” there were inserted “the United Kingdom or”.”

(3)

In regulation 8 (cross-border enforcement of financial administrative penalties and fines) omit “other than the United Kingdom” in each place it occurs.

Annotations

Footnotes

f1: S.R.(N.I.) 2016 No. 242.
f2: O.J. No. L18, 21.1.1997, p.1.