CONSIDERATIONS ON THE CROSS-BORDER POSTING IN THE EUROPEAN UNION
Autor (i): Iuliana, Cebuc
JEL: K31, K33
Cuvinte cheie: cross-border posting of workers, companies, the protection of posted workers
Abstract:
The freedom to provide services on the territory of Member States is one of the basic principles of the Single European Market provided for under Art. 56 TFEU, which includes the right of companies to provide services on the territory of another Member State and to temporarily post its employees to the territory of that Member State for that purpose. The implementation and enforcement of this principle is a constant concern of the Union through action taken at the European level aiming at achieving a balance between the provision of fair competition conditions to businesses and the maintenance of an adequate level of protection for crossborder posted workers, in compliance with the application of the terms and conditions of employment provided for by national law. At European level, the rules on the cross-border posting of employees within the EU and the rights they enjoy during the posting period, including the laws on labour relations, are covered by Directive 96/71 / EC on the posting of workers in the framework of the provision of services, as last amended by Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018.
The freedom to provide services on the territory of Member States is one of the basic principles of the Single European Market provided for under Art. 56 TFEU, which includes the right of companies to provide services on the territory of another Member State and to temporarily post its employees to the territory of that Member State for that purpose. The implementation and enforcement of this principle is a constant concern of the Union through action taken at the European level aiming at achieving a balance between the provision of fair competition conditions to businesses and the maintenance of an adequate level of protection for crossborder posted workers, in compliance with the application of the terms and conditions of employment provided for by national law. At European level, the rules on the cross-border posting of employees within the EU and the rights they enjoy during the posting period, including the laws on labour relations, are covered by Directive 96/71 / EC on the posting of workers in the framework of the provision of services, as last amended by Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018.
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