POSTED WORKERS IN THE EU: STATE OF PLAY AND REGULATORY EVOLUTION

Kristina Maslauskaite

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European Law and Migration Labor Law and Work Dynamics Legal and Labor Studies

Abstract

Over the years, posting of workers has come to symbolise the deep-running tensions between social and economic pillars of European integration. Posting consists of temporary movement of labour between member states with the aim of encouraging more competition in European service markets. However, the existing regulatory loopholes allow the companies to abuse these temporary workers and engage in unfair competition leading to social “race-to-the-bottom” between the member states. Consequentially, even though the phenomenon of posting between member states is very limited in scope, it represents wider public concern about the future socioeconomic equilibrium and the overall legitimacy of the EU. How to ensure sufficient levels of competition while at the same time safeguarding social acquis of European citizens?

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2008Regulatory Competition after Laval 2010Self-Employment and Bogus Self-Employment in the European Construction Industry 2010Viking – Laval – Rüffert:Consequences and policy perspectives 2011Complementary comparative study on the legal aspects of the posting of workers in the framework of the provision of services in the European Union

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