When talking about working conditions abroad it is essential to differentiate between two groups:

• those who are seconded or ‘posted’ abroad by their employers and
• those who are looking for a job independently and will be hired on the spot.

The main European Union principles for working conditions abroad will apply to both categories, but might be of special importance for those who are hired on the spot.

1. Equal treatment

Article 39, paragraph 2 of the Treaty establishing the European Community prohibits all discrimination based on nationality between citizens of Member States as regards employment, remuneration and working conditions. Such discrimination occurs, for instance, if an employer imposes on employees of other Member States conditions regarding their state of health or competence that do not apply to citizens of the employer's own country.

On the other hand the employer has the right to examine the competence of the worker. A level of linguistic ability may be required for access to employment, including a satisfactory knowledge of the language of the country. The level of knowledge demanded must be that which is reasonable for the employee to do his or her work satisfactorily.

2. Statement of the main conditions of employment

According to the Directive on Workers' Entitlement to Information Regarding Conditions of Employment (91/553/EEC) the employer is obliged to inform the worker in writing about the main conditions of employment.

The directive is applicable to any worker who has a contract of employment or an employment relationship conforming to the legislation of the Member State in question. Member States however have the right to exclude certain groups of workers from the enforcement of the directive. Such groups include

• workers whose employment relationship has a total duration not exceeding one month
• workers whose working week does not exceed eight hours, and
• workers whose employment can objectively be regarded as casual.

According to the directive, the worker is entitled to written information on her or his main conditions of employment. This information must be contained either in the contract itself or in some other accessible document. Since the obligation to inform is automatic, the worker does not formally need to request such a statement. The directive enumerates ten clauses to be mentioned as a minimum in an employment contract (see below).

A detailed statement of all these particulars is not required. If one or all of these conditions are governed by legislation, regulations or collective agreements, in which case, a simple reference to these rules will suffice.

THE TEN MINIMUM CLAUSES IN A CONTRACT OF EMPLOYMENT

• the identities of the parties – who is the employer
• the place of work
• the category or name of the position, and nature of the work
• the start date of the employment relationship and in the case of temporary work, the estimated duration of the employment relationship
• the applicable collective agreement
• the duration of paid leave
• the length of notice regarding the termination of the employment contract or employment relationship
• the basic amount and components of the remuneration,
• and the frequency of its payment
• the mandatory working time.

The employer must inform the worker of these conditions not later than two months after the beginning of the employment relationship.

A posted (seconded) worker must be given the aforesaid information before her or his departure. In addition to the information listed above, the following must also be included, unless the assignment abroad does not exceed one month.

ADDITIONAL CLAUSES FOR POSTED WORKERS

the duration of the assignment abroad
the currency in which the remuneration is to be paid
benefits in cash and kind to be granted while abroad,
clauses regarding the worker's repatriation.

If the conditions included in the employment contract are altered during the employment relationship, the employer must inform the worker of the modification as soon as possible and in any case not later than one month after the date of entry into effect of the change in question. However, there is no obligation to inform workers of alterations occurring in legislation, regulations or collective agreements that may have been quoted with reference to the conditions of employment.

3. Applicable legislation and agreements

Before the employment starts, it is important to make clear which national laws and/or collective agreements are to be observed, and how the conditions of employment are otherwise to be fixed. The applicable law determines the location of justice, i.e. where possible disputes in relation to the contract are to be settled.

4. Core issues to be aware of before signing a contract

Before leaving your job for work abroad it is important to have a clear and binding contract in writing in a language that you understand well. By undertaking a job abroad you will have more expenses than if you work in your native country, so you need clear agreements about all relevant conditions before you undertake new tasks abroad. You need an agreement about the length of the assignment and what will happen if it should be terminated too early.

There are certain facts you must be aware of before signing a contract, whether you are seconded or hired on the spot. Read the Ten Points again carefully, and make sure you are satisfied on each point.

In addition, you should insist of knowing

• what legislation or agreements will be applicable in your case
• whether there is a job description in your contract
• whether the contract is for a fixed term, and if so, whether and how it is renewable
• what the contract stipulates about pay and benefits
• what the contract stipulates about pension schemes and sick pay
• what the contract stipulates about insurances

5. Salaries

For a person hired on the spot it can be very difficult to know which level of pay you should seek. The mobil-net members in the relevant country may be able to offer advice about the normal salary levels for professional and managerial staff in different sectors of the labour market.