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ARTICLE · 28 APRIL 2015

Posted Workers’ Rights And Working Conditions

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According to the EU Legislation, a posted worker is a person who, on behalf of the employer, is sent for a limited period of time to carry out his/her work in the territory of an EU Member State other than the State in which s/he normally works.

MaltaEmployment and HR
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(ECJ Case C-936/13, Sahkoalojen ammattiliitto ry)

According to the EU Legislation, a posted worker is a person who, on behalf of the employer, is sent for a limited period of time to carry out his/her work in the territory of an EU Member State (i.e.: "host" State) other than the State in which s/he normally works (i.e.: "posting" State).

The same legislation established a core of mandatory rules regarding the terms and conditions of employment to be applied to posted employees for the purposes of (i) guaranteeing that their rights and working conditions are protected throughout the European Union and (ii) avoiding "social dumping" where foreign service providers can undercut local service providers because their labour standards are lower.

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