The Revised Posting of Workers Directive: Curbing or Ensuring Free Movement?

Nuffel, Piet Van; Afanasjeva, Sofia

doi:10.1163/9789004433076_012

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“…14 Allowances or reimbursement of expenditure to cover travel, board and lodging expenses for workers away from home for professional reasons were added to the list of hard core employment conditions. 15 It concerns costs that would also be owed to the local workers from the host country. In addition, this list was extended with the conditions of workers' accommodation where provided by the employer to workers away from their regular place of work.…”

Section: Most Important Amendments To the Pwdmentioning

confidence: 99%

“…10 For recent reports on such misuses see, inter alia, Cremers [4], and Houwerzijl,Berntsen [7], p. 147-166. 11 [15], pp. 1415-1416.…”

Section: Most Important Amendments To the Pwdmentioning

confidence: 99%

“…2(2) PWD.18 This will not apply to procedures, formalities and conditions of the conclusion and termination of the employment contract, including non-competition clauses and to supplementary occupational retirement pension schemes.19 European Commission[5], p. 15. 20 See recital 11 of Directive 2018/957.21 For more details on these revisions see: Bottero[1]; Houwerzijl, Verschueren[8], p. 96-103; Lhernould[12]; Van Nuffel, Afanasjeva[15].…”

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The CJEU endorses the revision of the Posting of Workers Directive

Verschueren

2021

ERA Forum

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This article discusses the judgments handed down by the Court of Justice in reply to Hungary and Poland's request to annul Directive 2018/957 which had introduced a number of amendments to the Posting of Workers Directive 96/71. Through these amendments, the European legislator had extended the scope of the employment protection of posted workers and these two Member States were of the opinion that this measure was in conflict with the Treaty provisions on the free movement of services. First, this article will briefly examine the amendments to the Posting of Workers Directive. Then, it will analyse the Court's responses to Hungary and Poland's arguments. At the end, a brief evaluation follows.

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Section: Most Important Amendments To the Pwdmentioning

confidence: 99%

“…10 For recent reports on such misuses see, inter alia, Cremers [4], and Houwerzijl,Berntsen [7], p. 147-166. 11 [15], pp. 1415-1416.…”

Section: Most Important Amendments To the Pwdmentioning

confidence: 99%

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