DETACHEMENT DANS LE CADRE D'UNE PRESTATION DE TRAVAIL
POSTING IN CONNECTION WITH THE PROVISION OF WORK

Summary/Abstract: The companies installed in a member country of the EU have the possibility, to detach from the employees in another country of the EU. To avoid the social dumping, the host country, in application the directive known as detachment has the possibility of imposing to the employer the respect of a hard core of social rules minimum intended to protect pay them. This principle caused a very restrictive interpretation of the court of justice of the European Union. The charter of the fundamental social rights which has the same value that the treaty could be used well as base with the reversal of this jurisprudence.

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