The Posted Workers and their difficulties in European Union

Autores

Antonio Dickson Sobrinho
Faculty of Engineering, University of Porto
https://orcid.org/0000-0003-4457-3081
Mário Vaz
Associated Laboratory for Energy, Transports and Aeronautics (PROA/LAETA), Faculty of Engineering, University of Porto
https://orcid.org/0000-0002-6347-9608

Sinopse

Introduction: The present European Union (EU) society is divided into several economic classes that share the same goal and ensure their well-being through funds obtained from their work. Then, the man must perform work, independently or for his employer, and be economically compensated for it. For this reason, the man moves to regions where there is a demand for labor and preferably where it is well remunerated. We are dealing here with a special class of displaced workers, a population mostly made up of people with no greater qualifications or skills. These people need work to be able to guarantee their livelihood and that of their families. Having at work their only wealth these people seek to meet the need for EU mobility of workers becoming vulnerable to employers without respect for labor laws and Occupational Safety and Health (OSH) rules. It is important to know that a posted worker is an employee who is sent by his / her employer to work temporarily in another country to provide a cross-border service. This is not the same as a long-term mobile worker, who lives and works for an indefinite period in another Member State, or a cross-border worker, who lives in Member State A but works in Member State B. Introduction: Behind the designation of "displaced worker" there is a disregard of labor and economic legislation in many EU countries. Methodology: Systematic review in Science Direct and Web of Science databases, using Prisma P tool, and data Parliament and European Commission and EU-OSHA. Results: Research, studies, and articles point to disrespect by Unions, industry and entrepreneurs of Labor legislation, Occupational Safety and Health of Posted Workers. Conclusion: The analysis resulted in a very real picture of the condition of the worker posted in the EU. Better protection for several categories of workers were took by the European Parliament: the new rules will apply to temporary agency workers and workers in chain posting to ensure also for them the principle of equal pay for equal work at the same place. Workers in non-genuine posting will be protected too. Member States will have 2 years to implement the new rules into their national legislation. They will then have to apply and start enforcing the rules.

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27 junho 2019

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Creative Commons License

Este trabalho encontra-se publicado com a Licença Internacional Creative Commons Atribuição 4.0.