La nuova direttiva sul distacco dei lavoratori nelle intemperie del mercato interno

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Abstract

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.


Open access | Peer reviewed

Presentato: 23 Dicembre 2020 | Accettato: 30 Marzo 2021 | Pubblicato 26 Settembre 2022 | Lingua: it

Keywords Collective rights • Posting of workers • European law • Internal market • Law applicable

Copyright © 2022 Silvia Borelli. 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/10.30687/978-88-6969-515-5/003


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