No 242 The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016
These Regulations come into force on 18 June 2016 and extend to Northern Ireland only.
The Regulations relate to posted workers in the construction sector and subcontracting liability. This concerns arrangements where the posted worker’s employer is the direct subcontractor of a contractor. Regulation 5 provides that any sums deducted by the employer from the worker’s wages up to the value of the national minimum wage may be treated as deducted by the contractor for as long as those sums remain unpaid to the worker. Regulation 5 introduces a right for the worker to make a complaint to an industrial tribunal against a contractor if the worker’s employer has deducted sums from the worker’s wages as described in regulation 4. Regulation 6 concerns compensation that the worker might be entitled to. Regulation 8 allows those penalties and fines to be enforced by the Enforcement of Judgements Office in Northern Ireland on behalf of the requesting authority. Regulation 9 makes provision for an information gateway to allow Her Majesty’s Revenue and Customs to provide information in accordance with the United Kingdom’s obligations under the Directive.