Free movement and working conditions

Abstract:
Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, also called the Posting of Workers Directive (PWD), was an integral part of the EC Action programme linked to the Community Charter of Fundamental Rights of Workers and was meant to establish a legal framework for labour conditions of workers temporarily posted to another Member State. Its content is about a guarantee of minimum protection, fair competition and respect for the regulatory framework in the host country.

The basic thought behind the PWD was to formulate a 'hard core' of minimum prescriptions combined with conditions of employment on matters other than those referred to, to be applied in a non-discriminatory manner, and based on mandatory rules (of labour law or general applicable collective agreements).

The PWD has been subject of a series of ECJ cases. The outcome of this series of court cases has demonstrated that the ECJ and the European Commission work towards a narrow and restrictive interpretation of the Directive. According to the ECJ the list of prescriptions, regarding labour and working conditions, is exhaustive. Additional mandatory rules are limited to rules, "which, by their nature and objective, meet the imperative requirements of the public interest".

The envisaged study is not dedicated to this dispute but focuses on the gap between theory and practice and investigates the functioning of the principles formulated by the implemented directive on work sites.

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