‘Posting’ and ‘Posted Workers’: The Need for Clear Definitions of Two Key Concepts of the Posting of Workers Directive

Cambridge Yearbook of European Legal Studies, Volume 14, 2011-2012

24 Pages Posted: 6 Jul 2014 Last revised: 20 Mar 2015

See all articles by Aukje A.H. Van Hoek

Aukje A.H. Van Hoek

University of Amsterdam Institute for Private Law

Mijke Houwerzijl

Tilburg Law School; University of Groningen

Date Written: July 4, 2012

Abstract

In this chapter the authors discuss the personal scope of the Directive on the Posting of Workers (Dir 96/71/EC) and the implementation thereof in the Member States. The comparative findings are based on two studies conducted by the authors on behalf of the European Commission in 2010/2011. The authors argue that the concepts of 'posting' and 'posted worker' are crucial for a proper understanding of the scope of application of the Directive and its interaction with the Rome I Regulation on the applicable law to contractual obligations (Reg 593/2008). A clear and enforceable demarcation of the personal scope will help the Member States to combat abuse of the freedom to provide services and to distinguish more clearly between posting and other types of labour mobility. The proposal submitted by the European Commission to that effect (COM (2012) 131) is judged to be an important step in the right direction.

Keywords: Directive on the Posting of Workers (Dir 96/71/EC)

Suggested Citation

Van Hoek, Aukje A.H. and Houwerzijl, Mijke, ‘Posting’ and ‘Posted Workers’: The Need for Clear Definitions of Two Key Concepts of the Posting of Workers Directive (July 4, 2012). Cambridge Yearbook of European Legal Studies, Volume 14, 2011-2012, Available at SSRN: https://ssrn.com/abstract=2462468

Aukje A.H. Van Hoek (Contact Author)

University of Amsterdam Institute for Private Law ( email )

Amsterdam, 1000 BA
Netherlands

Mijke Houwerzijl

Tilburg Law School

Tilburg, 5000 LE
Netherlands

University of Groningen

P.O. Box 800
9700 AH Groningen, Groningen 9700 AV
Netherlands

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