Your Rights as a Posted Worker
Posted workers in Iceland are guaranteed certain rights.
If you are a posted to work in Iceland, and your employer is a foreign company temporarily providing services in Iceland, you are covered by the Posted Workers Act, No. 45/2007. The act is intended as a measure to ensure that workers posted in Iceland on a temporary basis for foreign undertakings are working legally and their terms and conditions of employment conform to Icelandic laws and regulations.
- Do you generally work in a country other than Iceland for your employer?
- Are you posted to Iceland temporarily to work for you employer to provide certain services on their behalf?
- Are you posted to Iceland temporarily by your employer to work at their local branch or in a company owned by the same corporate group?
- Does a company in Iceland pay your employer for the work that you perform, i.e. is your employer a temporary-work agency?
If you answered yes to question one, and any of questions 2-4 then you are probably a posted worker.
A posted worker is an employee who is usually employed in an EEA State and is sent by their employer to temporarily work in Iceland. An enterprise is considered to have posted workers to Iceland in the following situations:
- Workers are posted to Iceland by the company to work under their direction in connection with a contract with a user undertaking covering the provision of services in Iceland.
- Workers are posted to Iceland by the company to its local branch, or to a company in Iceland owned by the same corporate group.
- Workers are posted to Iceland by the company and are hired out in return for a fee to carry out duties at the workplace of a user undertaking and under its direction. This refers to temporary-work agencies.
One of the conditions that must be fulfilled in order for a situation to be characterised as posting, is that an employment relationship must exist between the worker and the posting enterprise during the period they are operating in Iceland.
As a posted worker, you have the same right to a safe and healthy working environment as others working on the Icelandic labour market do. You are entitled to certain rights in regards to minimum wages and other wage-related issues, overtime payments, the right to holiday allowance, maximum working hours and minimum rest periods. Icelandic collective agreements lay down minimum terms and conditions of employment for foreign workers during the time that they are temporarily posted in Iceland. Read more about it here.
According to Act no. 45/2007, the following legislation applies to posted workers:
- The Working Terms and Pension Rights Insurance Act, No. 55/1980 regarding minimum wages and other wage related issues, overtime payments, the right to holiday allowance, maximum working hours and minimum rest periods.
- The Act on Working Environment, Health and Safety of the Workplace, No. 46/1980.
- The Holiday Allowance Act, No. 30/1987.
- The Maternity, Paternity and Parental Leave Act, No. 95/2000, Articles 11,29 and 30.
- The Act on the Equal Status and Equal Rights of Women and Men, No. 96/2000.
- The Vessel Inspection Act, No. 47/2003, Article 4.
- The Air Traffic Act, No. 60/1998, Section VI.
- The Act on Temporary-Work Agencies, No. 139/2005, provided that the posted workers are in fact employees of a temporary-work agency.