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Free movement of services and equal treatment of workers: the case of construction

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Article

Cremers, Jan

Transfer. European Review of Labour and Research

2006

12

2

Summer

167-181

construction industry ; EU Directive ; freedom of movement ; implementation ; outsourcing

EU countries ; new EU countries

Labour market

English

Bibliogr.

"Directive 96/71/EC (the Posted Workers Directive) is the legal framework in Europe for bona fide cross-border work by posted workers. Following fierce debates at the beginning of the 1990s the European institutions adopted this Directive in 1996. The basic purpose of the Directive was to guarantee equal rights to posted workers combined with fair competition for transnational operations, relying on the 'host country' principle. A study by the author has shown that national implementation of the Directive after 1996 has been poor. Following enlargement on 1 May 2004 the debate about decent regulation of labour migration and posted and temporary work abroad returned to the agenda. The current discussions on the Services Directive have brought the 'country of origin' principle into the spotlight. The political struggle between supporters of decent regulation (and legal application) of labour migration issues and advocates of the free market has entered a new phase."

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