Detaşarea lucrătorilor în cadrul prestării de servicii transnaţionale: despre drumul către compromis
Secondment of workers in the framework of the transnational provision of services: about the road to compromise

Summary/Abstract: This paper aims mainly at illustrating the manner in which two fundamental principles, namely the freedom to provide services and the protection of workers’ rights collided in the context of posting of workers in the framework of transnational provision of services within the EU territory, as well as the attempts to conciliate the two principles. Still, the questions whether the compromise reached through the adoption of Directive (EU) 2018/957 actually satisfies anyone. The final part of the study is dedicated to an analysis of specific cases where the rules concerning the posting of workers in the framework of transnational provision were applied by circumventing the ratio legis, i.e. in the case of intra group transfer of employees, thus debating the appropriateness of adopting regulations that are capable of responding to the challenges raised in practice.

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