Posted workers are labourers who are temporary posted to work in another EU member state or EC
state, other that the country in which they normally reside and carry out work. My master's thesis focuses on Slovenian citizens conducting work in Germany. Slovenia has in recent years assumed the role of a transit country (postings to Germany, Austria and Switzerland) for non-nationals of the European union, especially nationals of the former Socialist Federal Republic of Yugoslavia. For the purpose of my thesis I limited my research exclusively to Slovenian nationals.
The rights that labourers are entitled to on the basis of their employment relationship, such as the right to receive income, social security, health insurance and unemployment benefits, are linked to their existing contract of employment. Member states must also guarantee that posted workers are guaranteed basic conditions for work and employment, applicable to the country of conducting work, and covered either by law, general collective agreements or an arbitration award.
In this type of employment, where employees are placed in a broader territorial and legal frame, some areas are left unregulated and/or undefined. The possibility of their economic, social, legal, administrative and tax integration in the host state are questionable. Firstly, because of the temporary nature of their work. Secondly, due to the fact that labour law is regulated autonomously in each state. Thirdly, because the level of the minimum rights attainable differs from state to state. Framework Directive 96/71/EC of the European Parliament and of the Council lists the minimum of rights for labourers posted to another member state – maximum work periods; minimum rest periods and paid annual holidays; minimum rates of pay; the conditions of hiring-out of workers; health, safety and hygiene at work, etc.
A requirement for a successful regulation of Directive 96/71/EC foresees cooperation between sending Member state and host Member state, providing mutual administrative assistance. The objective of my master's thesis is to explore the practical execution of these provisions while applying relevant case-law and looking into the control mechanism in the case of violations of the employees' rights.