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Economic freedoms and labour standards in the European Union
Cremers,Jan
Cremers,Jan
Abstract
Jan Cremers has contributed with a main article in Transfer: European Review of Labour and Research (Vol. 22-2). It was published by Sage ahead of print. His article examines the problematic relationship between economic freedoms and labour standards in the context of cross-border labour recruitment. It starts with a summary of the relevant EU acquis, in particular rules concerning social security coordination and the pay and working conditions of posted workers. It reviews key issues of the ‘hard core’ of the internal market legislation (free choice of contracts, freedom of establishment for firms, deregulation of the ‘business environment’ and free provision of services). It also identifies experiences of rule-enforcing institutions: regime shopping, non-compliance with social standards, lack of cross-border enforcement, the difficulty of tracing circumvention in a transnational context and weak sanctioning mechanisms. The possibility of verifying, legally and in practice, whether a worker is correctly posted within the framework of the provision of services has become an Achilles heel of the enforcement of the use of cross-border recruited labour. The author finally assesses whether the 2014 Enforcement Directive can be seen as an effective remedy for the identified problems.
Description
Date
2016-03-11
Journal Title
Journal ISSN
Volume Title
Publisher
Research Projects
Organizational Units
Journal Issue
Keywords
free movement, recruitment, compliance, regime-shopping, posting, social security, SDG 8 - Decent Work and Economic Growth, SDG 16 - Peace, Justice and Strong Institutions
Citation
Cremers, J 2016, 'Economic freedoms and labour standards in the European Union', Transfer: European Review of Labour and Research, vol. 22, no. 2, Main article, pp. 1-14. https://doi.org/10.1177/1024258916635962
License
info:eu-repo/semantics/openAccess