In a recent judgment, the Court of Justice of the European Communities condemns Luxembourg for failure to correctly transpose the directive on the posting of workers, and especially for imposing excessive obligations on undertakings wishing to post workers in Luxembourg. The European Trade Union Confederation acutely reacted to this ruling. (Ref. 080564)
Directive 96/71 on the posting of workers provides that Member States shall ensure that, whatever the law applicable to the employment relationship, the undertakings established in another Member State which post workers to their territory in the framework of a transnational provision of services, guarantee the posted workers the terms and conditions of employment, covering the matters set out in that article, which are laid down in the Member State in which the work is carried out. Article 3(1) sets out a list of the matters concerned: maximum work periods, minimum paid annual holidays, minimum rates of pay…
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