HR / Employment


Last updated: 5 January 2018

Bird & Bird's EU Legislation Tracker highlights Regulations and Directives scheduled to take effect or to be implemented by Member States in the period to the UK's departure from the EU. It does not provide an exhaustive survey. Instead, we have sought to summarise some of the key legislation, both draft and finalised, which we are tracking in the run up to Brexit and which are likely to be of interest to companies which do business in the UK and/or elsewhere in Europe. 

The Tracker includes a short commentary on the substance of each of the measures identified, and a timeline for their known or likely effective dates (for Regulations) or implementation deadlines (for Directives). These are colour coded by reference to the likely date of Brexit.

For the purposes of the Tracker, we have assumed that the UK will exit the EU two years from its service of Article 50 notice (i.e. 29th March 2019). Ultimately the UK's Great Repeal Bill will determine whether the UK will retain, implement, amend or repeal the legislation summarised in our Tracker and the date when this will happen.

Implementation status 
  Implementation deadline/effective date likely to be pre-Brexit
  Implementation deadline/effective date likely to be post-Brexit
Timeline   EU legislation

Implementation deadline

[Likely Q3 2019 - Q1 2020?]


Draft: Amendment to the Posted Workers Directive (Directive 96/71/EC)

  • Draft legislation to regulate the posting of workers to another EU Member State on a temporary basis.
  • The EC's proposal to revise the existing Posted Workers Directive, was published on 8 March 2016.
  • The proposal seeks to protect posted workers by ensuring that they are subject to equal pay (including minimum rates of pay and bonuses) and working conditions as local workers.
  • MEPs have expressed concern that the proposed amendment will have a particular impact on SMEs.
    Will introduce a framework of cyber security risk management for 'essential' and 'digital' service providers.

Brexit impact:

  • On 24 October 2017, the Council reached an agreement on its position on the Directive.
  • The Council and the European Parliament are currently in negotiation, with the aim of reaching a first-reading agreement.
  • There is no official guidance on when the Directive will be finalised and deadline for its implementation into Member State law. However, it is likely that the Directive will be published Q3 2018 and the deadline for implementation Q3 2019 – Q1 2020.
  • It remains to be seen whether the UK will implement the Directive prior to leaving the EU (and retain that legislation having exited).

Other information:

Full text of the Posted Workers Directive (Directive 96/71/EC)

Full text of the proposal


Revision of the Directive on the Posting of Workers - LABOUR MOBILITY PACKAGE

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