On February 23 2006, the attorney general Philippe Léger submitted his conclusions to the Court of Justice, in a case confronting the European Commission to Austria on the issue of foreign workers’ posting. This is a new illustration of the Court’s jurisprudence, which inspired a compromise that allowed the adoption by the European Parliament of the "services" directive. (Ref.06176)
According to Austrian law, a company from another EU State that wishes to assign a worker in Austria has to obtain administrative authorization beforehand. This is called “conformation of European posting”. The delivery of this document requires two conditions:
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the existence of working relationships linking the worker to the company . The worker has to work under a contract for an undetermined period, or has to have at least one year of seniority.
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the worker has to work under Austrian salar
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