Abstract
Posting of workers in the framework of cross-border provision of services involves issues of private international law concerning the choice of applicable law as well as matters of jurisdiction. A lack of harmonization or coordination may lead to competing and conflicting litigations that are ill suited to safeguard workers' rights or protect the interests of businesses or social partners. Drawing on a Danish-Polish case these points are sharply illustrated in the present essay. The case in point did not directly involve the EC Posted Workers Directive as it concerned claims based on collective agreement outside of the scope of the Directive. It is argued, however, that even if the Directive may be considered to imply certain measures and safeguards there still is a need to amend the Directive so as to ensure the protection it is intended to provide.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
