Tra interessi del mercato e tutela dei lavoratori in distacco transnazionale
La disciplina giuridica dalla genesi alla direttiva applicativa
The essay concisely traces the main steps of the transnational posting of workers regulation in the European Union, starting from the first relevant judgment of the Court of Justice, which highlighted the need for a legal intervention aimed to clarify the rights of posted workers and the respective obligations upon the employers, to the approval of the enforcement Directive 2014/67/EU, a notable attempt to improve the effectiveness of posted workers’ rights and facilitate the prevention of abusive practices, going through Directive 96/71/EC, which has regulated the phenomenon for the first time. The judicial and normative evolution is an excellent example of the difficulty of the European Union to guarantee high standards of workers’ protection within the free market.
Keywords: Transnational posting of workers • Directive 96/71/EC • Directive 2014/67/EU • Applicable labour law regime • Freedom to provide services