Discussions on new EU-wide regulations on the posting of workers. Special consideration for Directive (EU) 2018/957 amending Directive 96/71/EC on the posting of workers in the framework of the provision of services

• Author: Radu Stefan Patru
• Pages: 157-162

Discussions on new EU-wide regulations on the posting of workers.

Special consideration for Directive (EU) 2018/957 amending Directive

96/71/EC on the posting of workers in the framework of the provision

of services

Lecturer Radu Ștefan PĂTRU1

Abstract

Posting of workers in the framework of the provision of services within the

European Union is governed by Directive 9 6/71/EC. Rec ently, this Directive has been

amended by Directive (EU) 2018/957 which has improved the legal framework in the field

of the rights of posted workers in the provision of services. This study includes a n analysis

of the main changes made by the amending directive, which will need to be incorporated

into national law by 30 July 2020.

Keywords: posting, workers, European Union, directive, labor law.

JEL Classification: K31

1. Introductory considerations

The Directive (EU) 2018/957 of the European Parliament and of the

Council of 28 June 2018 amending Directive 96/71/EC on the posting of workers

in the framework of the provision of services has introduced a number of

impressive changes in the posting of workers within the Member States2.

The changes introduced by the new Directive are the result from the

application of the original Directive, thus the effect of facing the practice.

It should be noted that the new Directive is not a special regulation

derogating from the initial Directive 96/71/EC.

In fact, the Directive itself is changed by this successive Directive, which

means that Directive 96/71/EC remains applicable with the express provision "with

further amendments".

The scope of t he Directive also includes t he following situation, according

to art. 1 paragraph 3 lit. c): “being a temporary employment undertaking or

placement agency, hire out a worker to a user undertaking established or operating

1 Radu Ștefan Pătru - Law Department of the Bucharest University of Economic Studies, Postdoctoral

researcher at Law Postdoctoral School of Bucharest University of Economic Studies,

radupatru2007@yahoo.com.

2 For juridical regime o f posting, see I. T. Ștefănescu, Tratat teoretic și practic de drept al muncii,

fourth edition, revised and added, Universul Juridic Publishing House, Buch arest, 2017,

pp. 416-428; R. Dimitriu, Dreptul muncii. Anxietăți ale prezentului, Rentrop & Straton Publishing

House, Bucharest, 2016, p. 125.