Lecture 5, European Law (2016/2017), Utrecht University

European Law, Lecture 5

19 december 2016, Posting of workers

Today we will discuss the posting of workers. This is when an employer sends an employee to another Member State to provide services or to start working there. The last weeks of the course we will discuss the social benefits of the European law, like for example European labour law.

Article 45 TFEU

The rights that were discussed in the earlier weeks of the course: The free movement of workers (art. 45 TFEU) to work in another Member State, to reside in another Member State under certain conditions (there must be an economic activity, in subordination and for remuneration, en not in the public service). Employees should be protected by this article of the Treaty; there may be no discrimination based on nationality (Article 7(2) Regulation).

Posting of workers

Posting of workers is the activity from an enterprise of sending employees to work in another Member State, to work for another enterprise (posting). For example, Hans is working in the Netherlands for a container-company, he gets send to Germany to work there for another container-company (providing services). The employee Hans is sent to another Member State, to provide services for another company.

The social protection is different from the rights of article 45 TFEU. This leads to the question: might this have negative consequences for the Member States (whether there would be a conflict between different social models in Member States) and lead to social dumping and unemployment for the nationals in that Member State?

... Interested? Read the instructions below in order to read the full content of this page.