BUSINESS NETWORKS AND LABOUR CONDITIONS OF POSTED WORKERS AFTER ADOPTION OF THE DIRECTIVE (EU) 2018/957 AMENDING DIRECTIVE 96/71/EC
BUSINESS NETWORKS AND LABOUR CONDITIONS OF POSTED WORKERS AFTER ADOPTION OF THE DIRECTIVE (EU) 2018/957 AMENDING DIRECTIVE 96/71/EC

Summary/Abstract: The posting of workers in the framework of the provision for services is a dynamic and problematic socioeconomic phenomenon. Labour doctrine maintains that, in certain cases, this expression of labour mobility causes social dumping, unfair competition and numerous conflicts of legal interpretation, motivated by an inefficient regulation (and its jurisprudential development), by the lack of legal harmonization in the geographic scope of the European Union(EU) and the use of competitive advantages arising from differences in labour costs between Member States and in collective bargaining systems. However, the legislation that regulates this type of labour mobility (Directive 96/71/EC) has been updated. This text shows the possible consequences that the modifications introduced in the new article 3.1 of the Directive (EU)2018/957 will have on the working conditions of the posted workers. This legislation has been drafted and awaiting its transposition, which must take place before July 30th, 2020, establishes a minimum core of working conditions of mandatory application that is more consistent with the search for equality of compensation treatment between posted workers and the local workers.

• Details
• Contents