La nuova direttiva sul distacco dei lavoratori nelle intemperie del mercato interno
On 28 June 2018, the European legislator adopted the Directive (EU) 2018/957 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services. This essay presents and discusses the main changes introduced by the new Directive: the extension of the binding rules of the Host State, the specific regulation of the long-term posting, the new rules on collective agreements, and the measures on the enforcement. The second part of the essay highlights the subjects that still remain problematic in the European regulation on the posting of workers: the fragmentation of the rules concerning labour law and social security, the possibility to organise collective actions, the posting of third-country nationals, and the employer-driven mobility outside the scope of the Posting of Workers Directive.
Keywords: Internal market • Law applicable • Collective rights • Posting of workers • European law