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How Externalisation of Labour Recruitment Crosses Borders

Origins, Evolution, and Features of Posted Work

Jan Cremers    Universiteit van Tilburg, Nederland    

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abstract

The author reflects in this contribution on the regulatory frame of social policy and workers’ rights in the area of labour mobility and transnational free provision of services with posted workers as applied in the European Union’s internal market. The rights-based free movement of EU-workers is grounded on the lex loci laboris principles, or the notion that workers fall under the regulatory frame and labour standards of the (‘new’) state of residence and employment. Posted workers that provide services on behalf of their employer are not supposed to seek access to the other Member State’s labour market and fall under a specific legal frame.

Published
Sept. 26, 2022
Accepted
Aug. 24, 2021
Submitted
June 10, 2021
Language
EN
ISBN (PRINT)
978-88-6969-516-2
ISBN (EBOOK)
978-88-6969-515-5

Keywords: Posting of workersFree movement of workersLabour mobilityLabour migrationFree provision of servicesCross-border labour recruitment

Copyright: © 2022 Jan Cremers. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.