Some Aspects of Posting within the Provision of Services Cover Image

Някои аспекти на командироването в рамките на предоставянето на услуги
Some Aspects of Posting within the Provision of Services

Author(s): Mihail Iliev
Subject(s): Law, Constitution, Jurisprudence, International Law, Labor relations, EU-Legislation
Published by: Нов български университет
Keywords: Posting; Provision of services; Minimum rates of pay; Applicable legislation; Directive 96/71/EC

Summary/Abstract: The article deals with some practical problems concerning the posting of workers in the framework of the provision of services. Five main problems are discussed. Firstly, the problem with the applicable legislation, in particular - the relation among the Directive 96/71/EC, the Regulation (EC) No 593/2008 and the Rome Convention. Secondly, the source of minimum rates ofpay in the host Member State, in particular - the application of collective agreements and/or arbitration awards declared universally applicable. Third, the competence of the Member States to determine the minimum working conditions, in particular – the minimum rates of pay. Fourthly, the components of the minimum rates of pay; Fifth, the obligation of paying the expenditure actually incurred on account of the posting, such as expenditure on travel, board and lodging. The European Court of Justice case law in relation to some of the abovementioned problems is also discussed. In conclusion, certain legislative recommendations aimed at the improvement of the Bulgarian legislation are derived.

  • Issue Year: 4/2015
  • Issue No: 5
  • Page Range: 326-343
  • Page Count: 18
  • Language: Bulgarian