‘Posting’ and ‘Posted Workers’: The Need for Clear Definitions of Two Key Concepts of the Posting of Workers Directive

A.A.H. van Hoek · Mijke Houwerzijl

10 citations0/0 files storedCambridge yearbook of European legal studies

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

Abstract

Abstract In this chapter the authors discuss the personal scope of the Directive on the Posting of Workers (Dir 96/71/EC) and the implementation thereof in the Member States. The comparative findings are based on two studies conducted by the authors on behalf of the European Commission in 2010/2011. The authors argue that the concepts of ‘posting’ and ‘posted worker’ are crucial for a proper understanding of the scope of application of the Directive and its interaction with the Rome I Regulation on the applicable law to contractual obligations (Reg 593/2008). A clear and enforceable demarcation of the personal scope will help the Member States to combat abuse of the freedom to provide services and to distinguish more clearly between posting and other types of labour mobility. The proposal submitted by the European Commission to that effect (COM (2012) 131) is judged to be an important step in the right direction.

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2008Regulatory Competition after Laval 2009The UK and Posted Workers: The Effect of Commission v Luxembourg on the Territorial Application of British Labour Law: Case C-319/06 Commission v Luxembourg, Judgment 19 June 2008 2009'British Jobs for British Workers': The Lindsey Oil Refinery Dispute and the Future of Local Labour Clauses in an Integrated EU Market 2010Revisiting the Posted Workers Directive: Conflict of Laws and Laws in Contrast 2011Complementary comparative study on the legal aspects of the posting of workers in the framework of the provision of services in the European Union 2008Cross–Border Workers in the European Internal Market: Trojan Horses for Member States’ Labour and Social Security Law?2012Study on the protection of workers': Rights in subcontracting processes in the European Union

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