Few national laws or collective agreements provide specific rules determining the elements of the minimum rates of pay due to posted workers. As a consequence, there is confusion between the neighbouring expressions of ‘minimum wage’ (national concept) and ‘minimum rates of pay’ (EU concept) which countries have a tendency to consider as being equivalent. Furthermore, the distinction between two key questions – on the one side, the establishment of the components of the minimum rates of pay of the host country and, on the other side, the sums paid by the sending employer that can be compared to the minimum rates of pay of the host country – is not always made by countries. The aim of this article is to analyse how the targeted countries and sectors concretely define the components of the minimum rates of pay and then to focus, as a useful example for other countries, on the rules applicable in French law.

Regulations 883/2004 and 987/2009 fixed new rules on coordination of social security systems. In particular, they rearranged rules on conflicts of law, even if the core principles (one set of legislation only to be applicable and priority of workplace legislation) remain the same. Nevertheless, there are significant changes. The rules on conflicts have been simplified and several specific rules which were included in Regulation 1408/71 have been removed. The new rules also take into account the extension of regulations to all citizens and clarify the status of non-active persons. They adapt rules on conflicts for posting and for simultaneous activities in two member states.