The Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 No. 537

SCHEDULE N.I. AMENDMENTS TO EMPLOYMENT RIGHTS LEGISLATION EXTENDING TO NORTHERN IRELAND

PART 2 N.I. SECONDARY LEGISLATION

The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016 N.I.

10.—(1) The Posted Workers (Enforcement of Employment Rights) Regulations (Northern Ireland) 2016 M1 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 M2 ;”;

(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.

Commencement Information

I1 Sch. para. 10 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1 S.R.(N.I.) 2016 No. 242.

M2 O.J. No. L18, 21.1.1997, p.1.