| Abstract [eng] |
Cross-border Labour Recruitment This paper focuses on the cross-border labour recruitment, that developed from one of the European Union's internal market’s fundamental freedoms – freedom to provide services. The European Court of Justice ruled that freedom to provide services preclude a Member State from prohi¬biting a person providing services established in another Member State from moving freely on its territory with all his staff and preclude that Member State from making the movement of staff in question subject to restrictions such as an obligation to obtain a work permit. Thus, a Member State of the provider has the right to temporarily move its employees to the Member State where the services are provided. Cross-border labour recruitment is a system of labour law rules, which consists of legal rules governing the movement of employees to another country in order to provide services to the customer. Based on the definition, these are the elements of the cross-border labour recruitment: 1) an employee from one country moves to another country (an international element); 2) an employee moves to the country only temporarily; 3) an employee moves to the country in order to provide services; 4) an employee and a person providing services are bound by employment relationship; 5) an employee moves to the country because of employer's instructions. These elements allow to distinguish two cross-border labour recruitment cases: the posting of workers to other countries and the temporary employment of workers in other countries. The economically weaker countries, which generally set lower level of protection of workers, attract persons providing services who seek to reduce their costs and increase competitiveness. That is how the problem of social dumping starts. In order to prevent the negative effects, Directive 96/71/EC set out minimum working conditions that are ensure to the employee who is posted to another Member State in order to provide services. It is claimed that the solution for social dumping is to clearly identify and ban dishonest actions of the person providing services and to ensure effective enforcement of this regulatory mechanism. In Lithuania, this assurance is already being carried out through the State Labour Inspectorate. |
