Detailansicht
The posted workers regime in the EU
is a reform necessary?
Tenio Mitev
Art der Arbeit
Master-Thesis (ULG)
Universität
Universität Wien
Fakultät
Rechtswissenschaftliche Fakultät
Studiumsbezeichnung bzw. Universitätlehrgang (ULG)
Universitätslehrgang Europäisches u. Intern. Wirtschaftsrecht
Betreuer*in
Peter Fischer
DOI
10.25365/thesis.43523
URN
urn:nbn:at:at-ubw:1-21423.49495.228753-1
Link zu u:search
(Print-Exemplar eventuell in Bibliothek verfügbar)
Abstracts
Abstract
(Deutsch)
nicht angegeben
Abstract
(Englisch)
On March 8, 2016 the European Commission, proposed review of the Posted Workers Directive 1996 (PWD), which regulates people employed in one member state, but are sent to temporarily work in another. The proposal is aimed at revising the rules on posting of workers set out by the PWD that was followed by an enforcement directive in 2014, in order to facilitate the provision of goods and services across borders of the EU Member States. However, given that the 2014 Enforcement directive has not yet entered fully into force and that the proposed rules are met with mixed responses from the EU Member States, this thesis analyzes whether such reform is necessary.
The rulings of the ECJ in the “Laval quartet” has fundamentally disrupted the balance between economic and social rights in respect of posted workers. The Court essentially deprived the 1996 PWD of its effect. This lead to chaos in some MS, where the detrimental effect of ECJ’s judgments was strongly felt. In order to address the situation, the EU adopted the Posted Workers Enforcement Directive, which seeks to combat social dumping and unfair competition by administrative means. Even though it had just recently entered into force in all MS, the PWE is likely not to achieve its goals at it fails to address key issues pertaining to posted workers and social dumping.
Therefore, a reform is necessary and Commission has sought to adopt a revision of the original Posted Workers Directive. However, the 2016 proposal was met with harsh criticism from virtually all stakeholders. The potential reforms aims to address the situation after the “Lava quartet” by introducing an equal pay for equal work principle, rules on temporary work agencies and rules applying to long-term posting. The thesis concludes that this effort on part of the Commission is likely not going to be sufficient and a new approach is necessary. The author recommends withdrawal of the current proposal and launching a dialogue with all stakeholders in order to strike a compromise, taking into account everyone’s concerns. In addition, the author recommends establishing a unique EU registration number, in order to avoid falsification of A1 forms.
Schlagwörter
Schlagwörter
(Englisch)
posted workers reform posted workers directive
Autor*innen
Tenio Mitev
Haupttitel (Englisch)
The posted workers regime in the EU
Hauptuntertitel (Englisch)
is a reform necessary?
Publikationsjahr
2016
Umfangsangabe
iii, 46 Seiten
Sprache
Englisch
Beurteiler*in
Peter Fischer
Klassifikation
86 Recht > 86.90 Europarecht: Sonstiges
AC Nummer
AC13470831
Utheses ID
38523
Studienkennzahl
UA | 992 | 548 | |