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
SUMMARY

Posting of workers in the framework of the provision of services within the European Union is governed by Directive 96/71/EC. Recently, 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 an analysis of the main changes made by the amending directive, which... (see full summary)

 
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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.

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