How Externalisation of Labour Recruitment Crosses Borders Origins, Evolution, and Features of Posted Work

Abstract

The author reflects in this contribution on the regulatory frame of social policy and workers’ rights in the area of labour mobility and transnational free provision of services with posted workers as applied in the European Union’s internal market. The rights-based free movement of EU-workers is grounded on the lex loci laboris principles, or the notion that workers fall under the regulatory frame and labour standards of the (‘new’) state of residence and employment. Posted workers that provide services on behalf of their employer are not supposed to seek access to the other Member State’s labour market and fall under a specific legal frame.