Page 25 - FlipBook_JointPaper2015

TRAVEL RISK MANAGEMENT 2015
25
Transposition of Directive 96/71
Criminal Liability
Dutch Act on Cross-border Working Conditions provides that employees who have worked outside the Netherland in EU Member States or States that are party to the Agreement concerning the European Economic Area, can base claims on that State’s legislation implementing Directive 96/71.
Speciic working conditions requirements violations qualiies as criminal ofenses and may only be persecuted as criminal ofenses and may only be prosecuted as criminal ofences pursuant to the Working Conditions Act (Arbeidsomstandighedenwet) Violation of administrative law measures imposed, such as an obligation to stop work, constitutes a criminal ofense. Criminal law principles and provisions may provide more stringent requirements for conviction compared with the requirement under administrative law to take administrative law measures.
Polish employer is obliged to reimburse the costs of the documented, necessary costs of the employee’s medical treatment not inanced from the public funds.
Under the Polish Labour Code, the employers registered in EU Member States and non-EU Member States who delegate its employees to temporarily perform work in Poland, are obliged to guarantee their delegated employees with the health and safety conditions no less favourable that those provided for in the Polish Labour Code (i.e. the Polish local regulations set forth
the minimum standards in this respect).
Polish statutory regulations do not include any speciic regulations applicable to the employees performing work during international business trips, this means that the employers is obliged
to secure appropriate working conditions also to the employees performing work abroad, taking into account that an employer may have limited control over the employees workplace.