| Abstract [eng] |
Legal Measures for the Prevention of Social Dumping in the European Union The four fundamental freedoms prevailing in the EU, i.e. the free movement of goods, services, persons and capital, enabled citizens of Member States not only undisturbedly to travel, study but also to work, set up businesses and provide services in other Member States for earning purposes. Secondment of employees to other Member States to provide services is particularly popular over the last twenty years, generating significant profits for employers, while at the same time the number of forms of exploitation of employees sent on a business trip increased. The exploitation of employees sent on a business trip led to a negative phenomenon called social dumping. There is currently no precise definition of social dumping in the EU. One of the reasons for the lack of consensus on social dumping is the differences between the "old" and "new" Member States on this phenomenon. The first part is intended to provide a overview of the legal instruments, i.e. the main EU directives which are aimed at curbing social dumping. The reader is introduced with attempts which were made to curb social dumping ten years ago and how social dumping is being tackled in the current EU. There are introduced the main innovations of Directive 2018/957, which must be transposed into national law by 30 July 2020, that should further curb the spread of social dumping and help to ensure even better social security for employees sent on a business trip. The second part deals with one of the main forms of social dumping using employees sent on a business trip. The reader is presented with the reasons why and by what means employers use employees sent on a business trip in cases of ordinary posting, temporary employment agencies, bogus self-employment and road transport sector. |
