Re-embedding the transnational employment relationship : a tale about the limitations of (EU) law?

Resource Information

The work Re-embedding the transnational employment relationship : a tale about the limitations of (EU) law? represents a distinct intellectual or artistic creation found in International Bureau of Fiscal Documentation. This resource is a combination of several types including: Work, Language Material, Continuing Resources.

Label

Re-embedding the transnational employment relationship : a tale about the limitations of (EU) law?

Creator

• Hoek, A.A.H. van

Subject

• EU Directive
• social security
• cross-border worker
• migration
• individual income tax
• working abroad

Language

eng

Summary

This article offers an integrated approach to the problem of cross-border posting of workers. The coordination rules of private international law, social security and tax law try to bring home transnational employment relationships, and in doing so strike a balance between home State and host State jurisdiction. The multilateral coordination efforts, however, result in situations in which work performed in the host State is not (fully) governed by the rules of the host State. From the unilateral perspective of the host State this outcome has a disembedding effect on the national system of labour law and industrial relations. Member States have reacted to this by different re-embedding responses, which do not always sit well with the EU provisions on free movement of services. The article discusses the several stages discernable in the interaction between national law and EU law leading up to the present proposals on revision of the Posting of Workers Directive

Citation source

In: Common market law review. - Alphen aan den Rijn. - Vol. 55 (2018), no. 2 ; p. 449-488

Geographic coverage

• European Union
• Europe

Language note

English