Posted workers in the transnational provision of services - Treatment and obligations of employers

• Author: Mihaela Catana
• Position: Faculty of Law, 'Titu Maiorescu' University, Bucharest, Romania
• Pages: 247-259

POSTED WORKERS IN THE TRANSNATIONAL PROVISION OF SERVICES –

TREATMENT AND OBLIGATIONS OF EMPLOYERS

PhD. student Mihaela CATAN

1

Abstract

This study aims to clarify some issues concerning the r ules applicable to posted workers within the fra mework

of the transnation al provision of services and obligations incumbent upon employers, both of those the post and the

provision of services to ben eficiaries , issues raises a number of pra ctical problems with regard to the d istinction in

regulatin g the notion of posting, rela tive to the internal regu lation of the Labour Code (Act 53/2003 - republished ) on

the one hand and the Europea n legislation by the other ha nd. Thus, the contr actual r elationships between the employer

post their workers to perform work for the benefit of its contr actual partner, must be very defined very clearly the

relationship s between employees and employer posted in Romania and that to which they are posted abroa d and the

obligations each of them. In prepa ring this paper were used q ualitative a nd quan titative research methods spec ific

depth research of lega l sciences, the sociological method, deductive method on r egulations, concepts a nd theories,

compara tive method. Expected results of the study consist of a summary of the main regulations, solutio ns and doctrinal

views on the development of a n suggestions of la w, cla rification of the regulations with significance implications for

business, citizens in their capa city as workers a nd also for legal pra ctitioners.

Keywords: Posting, posted workers, employers, Directive, conditions of work and employment.

JEL Classification: K31

I. Preliminary

Conditions of posted workers in the transnational provision of services and obligations of

employers, both of which post of the beneficiary and the provision of services in practice raises a

number of issues, most times, so knowing the law and the lack thereof helping to make approaches

and conduct activities contrary to law and in violation of the rights of persons seconded. Given the

distinction in regulating the notion of posting, follow the regulations of the Labour Code (Law

no.53/2003 - republished) and legislation to clarify the rules applicable in terms of deployment as it

is regulated by the Labour Code, internal posting and posting in the provision of transnational

services - Community legislation transposed into Romanian legislation. Therefore, in establishing

contractual relations between employer posting workers to perform work for the benefit of its

contractual partner must be very clear relationships between employees and employer posted in

Romania and that to which they are posted abroad and the obligations each of them.

Arrangements for which the two parties agree to opt in fulfilling their obligations in carrying

out the contractual relations must consider the relationship of subordination of employees, each of

the obligations of employers, especially determining the applicable law, taking into account the

provisions on the coordination of social security systems by reporting both internal and legal

regulations in the EU, namely Regulation nr.883/2004 on the coordination of social security

systems.

It should be considered that in order to guarantee the rights and working conditions of a

posted worker and avoid "social dumping", while the service providers can provide services cheaper

than local suppliers - due to lower cost of labor work - the European Community through its

legislative instruments, established a nucleus of mandatory rules concerning the terms and

conditions of employment of labor will be applied to workers posted to work in another Member

State. These rules reflect the standard of local workers host Member State in which the employee is

sent to work as referred to in Article 3 of Directive 96/71/EC under the heading "Conditions of

Work and Employment".

11 Mihaela Catan - Faculty of Law, "Titu Maiorescu" University, Bucharest, Romania, mihaelacatana@yahoo.com