STUCK IN REVERSE ... FLEXIBILITY: DELEGATION AND POSTING OF WORKERS AS FORCED FORMS OF MOBILITY
STUCK IN REVERSE ... FLEXIBILITY: DELEGATION AND POSTING OF WORKERS AS FORCED FORMS OF MOBILITY

Summary/Abstract: The socio-economic dynamics make their mark on the flexibility of work, giving it a certain vectorial orientation. In light of the existing regulations, through the present study, we pursue a re-evaluation of those institutions which concern the mobility of the workers. In this regard, we will study delegation and posting as forms of unilateral modification of the individual labour contract. The examination of the articles of the Labour Law Code, in comparison with provisions form other areas of law, will uncover the shortcomings of the regulation. Despite attempting to balance the interests of the employer and of the employee, it will be noticeable that the measures of protection, namely the guarantees and the rights established in favour of the worker, are insufficient. In the second part of the study, we will examine the provisions regarding posting through the lens of the jurisprudence of the Constitutional Court. Subsequently, we will subject the provisions regarding posting to the proportionality test, taking into account the jurisprudence of the same Court, aiming to determine if they satisfy the necessary conditions in order to consider that they comply with the Constitution. Finally, though the conclusions we will underline those aspects where the intervention of the legislature is required, systematizing the de lege ferenda recommendations.

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