ropean Court of Justice on September 13, 2007 (Case C-319/06) condemning Luxembourg for failing to respect Directive 96/71 on the posting of workers in the framework of the provision of services, the Grand Duchy had to revise its posting legislation. The State Council has recently rendered a lukewarm opinion on the bill aimed at bringing Luxembourg law in conformity with Community law while supervising the notion of posting. By Guy Castegnaro and Ariane Clavery, lawyers at the Castegnaro law firm, member of ius laboris. (Ref. 091158)
Six key accusations were made to Luxembourg which couldn’t impose the following provisions to posted workers:
1) The obligation to only employ employees with whom the businesses posting workers in Luxembourg signed a written labor contract, when such a document is already provided for in a Community directive transposed in all Member States.