CASE LAW:

POSTING OF
WORKERS

LIUBOV MARTYNYSHYN
 EARLY LEGAL FOUNDATIONS

THE CONCEPT OF 'POSTING THIS DIRECTIVE ESTABLISHED

WORKERS' ORIGINATES FROM FUNDAMENTAL PRINCIPLES FOR
THE EU'S 1996 POSTED EQUAL WORKING CONDITIONS
WORKERS DIRECTIVE, AIMED AND EMPLOYMENT RIGHTS FOR
AT PROTECTING WORKERS POSTED WORKERS.
SENT TEMPORARILY TO
ANOTHER COUNTRY.
 EARLY LEGAL FOUNDATIONS

PARALLEL TO THE EU'S EFFORTS, THE THE ILO'S CONVENTIONS, FOCUSING

INTERNATIONAL LABOUR ON WAGES, WORKING HOURS, AND
ORGANIZATION (ILO) PLAYED A KEY SAFETY, HAVE SIGNIFICANTLY SHAPED
ROLE IN SETTING GLOBAL LABOR NATIONAL POLICIES REGARDING
STANDARDS. POSTED WORKERS.
 SUMMARY: THIS CASE INVOLVED A
BELGIAN COMPANY POSTING
MOROCCAN WORKERS TO GERMANY.
THE KEY ISSUE WAS WHETHER NON-EU
WORKERS, LEGALLY EMPLOYED BY A

KEY EUROPEAN COMPANY IN AN EU MEMBER STATE,

COULD BE POSTED TO ANOTHER
MEMBER STATE WITHOUT OBTAINING

COURT OF ADDITIONAL WORK PERMITS.

JUSTICE CASES
JUDGMENT: THE ECJ RULED THAT SUCH
WORKERS SHOULD BE ALLOWED TO
PROVIDE SERVICES IN ANOTHER
MEMBER STATE WITHOUT ADDITIONAL
WORK PERMITS, PROVIDED THEY ARE
VANDER ELST CASE (C-43/93)
LEGALLY EMPLOYED IN THE HOME
MEMBER STATE. THIS CASE WAS
CRUCIAL IN SETTING A PRECEDENT FOR
THE RIGHTS OF NON-EU WORKERS
WITHIN THE EU.
 LAVAL UN PARTNERI LTD V SVENSKA
BYGGNADSARBETAREFÖRBUNDET (C-
341/05)

SUMMARY: THIS CASE INVOLVED A LATVIAN
COMPANY POSTING WORKERS TO SWEDEN
AND HIGHLIGHTED THE CONFLICT
BETWEEN THE FREEDOM TO PROVIDE
SERVICES AND THE PROTECTION OF
WORKERS' RIGHTS.
JUDGMENT: THE ECJ HELD THAT WHILE THE
POSTED WORKERS DIRECTIVE ALLOWS
COMPANIES TO POST WORKERS TO OTHER EU
STATES, THE HOST STATE CAN IMPOSE ITS
OWN MINIMUM WAGE AND WORKING
CONDITIONS. HOWEVER, SUCH MEASURES
MUST BE PROPORTIONATE AND CANNOT
RESTRICT THE FREE PROVISION OF SERVICES.
 COMMISSION V LUXEMBOURG (C-319/06)
SUMMARY: THIS CASE DEALT WITH THE
COMPATIBILITY OF LUXEMBOURG'S LAWS
WITH THE EU'S POSTED WORKERS
DIRECTIVE, PARTICULARLY CONCERNING
THE CONDITIONS LUXEMBOURG IMPOSED
ON FOREIGN SERVICE PROVIDERS.
JUDGMENT: THE ECJ FOUND THAT
LUXEMBOURG HAD FAILED TO COMPLY WITH
THE POSTED WORKERS DIRECTIVE BY
IMPOSING CONDITIONS THAT WERE MORE
RESTRICTIVE THAN NECESSARY, THUS
HINDERING THE FREEDOM TO PROVIDE
SERVICES.
POSTING OF THIS DIRECTIVE WAS ESTABLISHED TO

WORKERS IN THE
REMOVE BARRIERS TO TRADE IN
SERVICES WITHIN THE EU, SIMPLIFYING
ADMINISTRATIVE PROCEDURES FOR

FRAMEWORK OF THE SERVICE PROVIDERS AND ENHANCING

CONSUMER RIGHTS. IT SPECIFICALLY

PROVISION OF TARGETS THE PROVISION OF SERVICES

ACROSS EU MEMBER STATES,
ENSURING LEGAL CERTAINTY FOR THE
SERVICES DIRECTIVE EXERCISE OF FUNDAMENTAL
FREEDOMS UNDER THE TREATY. I

(2006/123/EC)
NATIONAL COURTS AND WORKER POSTING

1 RESOLVING CONFLICTS BETWEEN 4 ENFORCEMENT OF WORKER RIGHTS AND

NATIONAL AND EU LAWS PROTECTIONS

2 IMPLEMENTATION OF EU DIRECTIVES AT 5 ADDRESSING ISSUES OF SOCIAL

THE NATIONAL LEVEL DUMPING AND EXPLOITATION

3 INTERPRETATION OF ‘POSTED WORKER’ STATUS

CONTEMPORARY LEGAL
CHALLENGES
MODERN WORK ENVIRONMENT: RAPID EVOLUTION WITH THE RISE OF THE GIG
ECONOMY AND REMOTE WORK.
CHALLENGES TO LEGAL FRAMEWORKS: ADAPTATION NEEDED IN EMPLOYMENT
DEFINITIONS, WORKERS' RIGHTS, AND CROSS-BORDER REGULATIONS.
FOCUS ON FAIR TREATMENT: ENSURING EQUITABLE TREATMENT FOR POSTED
WORKERS, PARTICULARLY IN WAGES AND WORKING CONDITIONS.
REFLECTING SOCIO-ECONOMIC SHIFTS: THESE CHANGES HIGHLIGHT BROADER
SHIFTS IN LABOR MARKETS, THE NATURE OF DIGITAL-AGE WORK, AND GLOBAL
EMPLOYER RESPONSIBILITIES.
Conclusion
IN OUR TALK, WE EXPLORED THE COMPLEX RULES FOR
SENDING WORKERS TO DIFFERENT COUNTRIES AND HOW
THESE HAVE CHANGED WITH NEW WORK STYLES LIKE
REMOTE JOBS. IT'S A BALANCING ACT: PROTECTING
WORKERS' RIGHTS WHILE SUPPORTING BUSINESS GROWTH.
THE KEY TAKEAWAY IS THE IMPORTANCE OF STAYING
ADAPTABLE IN THE RAPIDLY EVOLVING GLOBAL JOB MARKET.
Thank you for your
attention!