Tra interessi del mercato e tutela dei lavoratori in distacco transnazionale

La disciplina giuridica dalla genesi alla direttiva applicativa

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Abstract

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.


Open access | Peer reviewed

Submitted: Sept. 3, 2020 | Accepted: Oct. 13, 2020 | Published Sept. 26, 2022 | Language: it

Keywords Directive 2014/67/EU • Directive 96/71/EC • Transnational posting of workers • Applicable labour law regime • Freedom to provide services

Copyright © 2022 Giulia Frosecchi. 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.

Permalink http://doi.org/10.30687/978-88-6969-515-5/002


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