The revision of the Posting of Workers Directive and the freedom to provide services in EU

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Publication Details

Subtitle: towards a dead end?
Author list: Carvalho, S.
Publisher: Bucharest University of Economic Studies
Publication year: 2018
Journal: Juridical Tribune (2247-7195)
Volume number: 8
Issue number: 3
Start page: 719
End page: 733
Number of pages: 15
ISSN: 2247-7195
Languages: English-Great Britain (EN-GB)


Abstract

The development of the internal market, based on the principle of
freedom to provide services, as stated in article 56 TFEU, rendered
common the posting of workers to another EU Member State. The risk of
leading to social dumping in the host Member State, resulting from the
less favourable working conditions of the sending Member State,
justified Directive 96/71/EC. Collective bargaining, which has always
taken on a prominent place in the posting of workers framework provided
for in Directive 96/71/EC, is

clearly reinforced by Directive (EU) 2018/957 that amended Directive
96/71/EC. The caselaw of the CJEU, however, has revealed that in some
cases the enforcement of the host Member State working conditions, in
view of the lack of harmonization of labour law in the Member States in
relation to minimum protection mandatory rules, can paradoxically
constitute a restriction on the freedom to provide services. The
analysis of the amendments introduced by the Directive (EU) 2018/957
will demonstrate that, despite creating a favourable legislative
framework for fair competitive conditions between national undertakings
and the undertakings that post workers, may compromise the delicate
balance between the protection of workers and the freedom to provide
services.


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Last updated on 2019-12-03 at 11:39