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Secondment, Enforcements Directive, Illegal Work ;

Publication at Faculty of Law |
2017

Abstract

Posting of Workers Directive (96/71/EC) which had been adopted by the European Parliament and Council on 16 December 1996 requires that employees who are posted by their employers to perform temporary work in other Member States should enjoy the protection of a "nucleus of mandatory rules for minimum protection" of employees under the law of the host state. As far as a qualitatively better protection of employees from illegal work is concerned, there are also other recommendable measures such as speeding up labour disputes (and possibly the establishment of specialized labour courts), widening the legal space for collective bargaining, supporting collective bargaining between social partners, improving the quality of the State Labour Inspection's staff and its remuneration or to anchor the possibility in the legislative documents to remit the informant the sanctions he/she is facing for exerting (but not enabling the exertion) of illegal work, if such a person genuinely helps in discovering illegal work.

Another very effective device is the formulation of a substantive law assumption or the formulation of a procedural assumption concerning the exertion of dependent work, or rather -the existence of a labour relationship.