CASE LAW:

POSTING OF
WORKERS

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

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

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

KEY EUROPEAN EU MEMBER STATE, COULD BE POSTED TO

ANOTHER MEMBER STATE WITHOUT
OBTAINING ADDITIONAL WORK PERMITS.

COURT OF JUSTICE
JUDGMENT: THE ECJ RULED THAT SUCH

CASES WORKERS SHOULD BE ALLOWED TO

PROVIDE SERVICES IN ANOTHER MEMBER
STATE WITHOUT ADDITIONAL WORK
PERMITS, PROVIDED THEY ARE LEGALLY
VANDER ELST CASE (C-43/93)
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 WORKERS THIS DIRECTIVE WAS ESTABLISHED TO

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

THE PROVISION OF SERVICE PROVIDERS AND ENHANCING

CONSUMER RIGHTS. IT SPECIFICALLY

SERVICES DIRECTIVE TARGETS THE PROVISION OF SERVICES

ACROSS EU MEMBER STATES, ENSURING
LEGAL CERTAINTY FOR THE EXERCISE OF
(2006/123/EC) FUNDAMENTAL FREEDOMS UNDER THE
TREATY. I
NATIONAL COURTS AND WORKER POSTING

1 RESOLVING CONFLICTS BETWEEN NATIONAL 4 ENFORCEMENT OF WORKER RIGHTS AND

AND EU LAWS PROTECTIONS

2 IMPLEMENTATION OF EU DIRECTIVES AT THE 5 ADDRESSING ISSUES OF SOCIAL DUMPING

NATIONAL LEVEL 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!