ABSTRACT
The posting of workers to another Member State of the European Union (EU) is a key component in the architecture of the EU. The service-providing interest of Member States with low rates of pay is therefore juxtaposed with the interest of high-wage countries in the protection against social dumping. The revised Posting of Workers Directive 2018/957/EU takes greater account of the protection of posted workers and of the aspect of equal treatment with respect to remuneration and work and employment conditions. This chapter discusses the revision of the Directive, especially the shift from minimum rates of pay in Directive 96/71/EC to adequate payment in the revised 2018 Directive, in the context of the analysis of the ruling by the Court of Justice of the EU. In addition, the chapter offers an in-depth analysis of the possibility that collective agreements which are ‘generally applicable’ or concluded by ‘the most representative organisations at national level’ (Art. 3 Par. 8 Subpar. 2 and 3 Posting of Workers Directive) are applied to posted workers. Limitations of the revision are pointed out.
