POSTED WORKERS IN THE LIGHT OF THE PRINCIPLE "SAME PAY FOR THE SAME WORK AT THE SAME PLACE"

• Main Author: Dumancic, Kosjenka
• Format: Conference Proceeding
• Language: English
• Subjects: Agreements; Councils; Court decisions; Employees; Employers; Employment; Freedom of movement; Guarantees; Provisions; Regulation; Workers
• ISSN: 1849-6903; 1849-6903

The European Union internal market is being fulfilled by exercising the fundamental economic freedoms that guarantee the free cross-border movement of people, goods, services and capital. While the free movement of people guarantees to any natural person who is a national of a Member State of the European Union to work and be employed in another Member State under the same conditions as nationals of that State, in the light of freedom to provide services the possibility to work in another Member State as a posted worker was established. The free movement of workers is limited by the workers ' rights arising from the social systems coordination rules as defined in Regulation 1408/07 and Regulation 88/2004. These Regulations are generally based on the principle lex loci laboris by which the workers' rights are defined by the Member State law where the work is performed, with the exception of the posted workers. The applicable law to posted workers is that of their home Member State from which workers are sent to perform a service for their employer. In this sense, the possibility to achieve a more flexible cross-border movement of workers is the possibility of posting workers in another EU Member State by an employer in order to provide service while being protected by the home Member State law regarding social and other rights that are defined by their working contract. The right of the employer to post workers in another Member State is governed by the provisions of Directive 96/71/EC which essentially determines the rights of employees to work in another Member State. Posted workers actually represent the realization of the freedom to provide services and freedom of establishment where their rights still remain doubtful in comparison with rights guaranteed by the free movement of workers. The posted workers rules de facto represent an exception to the application of the coordination procedure regulated between different social security schemes in the Member States and an exception to the rules for the application of national law of the Member State in which the work is performed. In the paper the author analyses the rights and obligations of workers and employers arising from the Directive 96/71/EC and its amendments introduced by the implementing Directive 2014/67/EU. It is the Directive 2014/67/EU, which was adopted after more than 20 years, that is conceived as a guarantor of protecting the rights of posted workers. The article discusses the scope and