| Author (Corporate) | European Commission |
|---|---|
| Series Title | COM |
| Series Details | (2012)131 final (21.03.12) |
| Publication Date | 21/03/2012 |
| Content Type | Policy-making |
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The free movement of workers, freedom of establishment and the freedom to provide services are fundamental principles of the European Union. The free movement of workers must be distinguished from the freedom to provide services under Article 56 of the Treaty on the Functioning of the European Union (TFEU). The free movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards employment, remuneration and other working conditions in comparison to nationals of that Member State. In contrast, the freedom to provide services gives businesses the right to provide services in another Member State. To that end, they may send (‘post’) their own workers temporarily to the other Member State to carry out the work necessary to provide the services. Posted workers in this sense are covered by Directive 96/71/EC. This Directive aims to reconcile the exercise of this freedom to provide cross-border services under Article 56 TFEU with appropriate protection of the rights of workers temporarily posted abroad for that purpose. In order to do so, it sets out mandatory rules at EU level that must be applied to posted workers in the host country. It establishes a core set of clearly defined terms and conditions of work and employment that must be complied with by the service provider in the host country to ensure the minimum protection of workers. The Directive thus provides a significant level of protection for workers who may be vulnerable given their situation (temporary employment in a foreign country, difficulty of obtaining proper representation, lack of knowledge of local laws, institutions and language). The Directive also plays a key role in promoting a climate of fair competition between all service providers (including those from other Member States) by guaranteeing both a level playing field and legal certainty for service providers, service recipients, and workers posted for the provision of services. |
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| Source Link | http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2012:0131:FIN:EN:PDF |
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| Subject Categories | Employment and Social Affairs, Internal Markets |
| Countries / Regions | Europe |
