POSTED WORKERS IN THE TRANSNATIONAL PROVISION OF SERVICES – TREATMENT AND OBLIGATIONS OF EMPLOYERS

Mihaela Catana ()
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Mihaela Catana: Faculty of Law, "Titu Maiorescu" University, Bucharest, Romania

Perspectives of Law and Public Administration, 2013, vol. 2, issue 1, 247-259

Abstract: This study aims to clarify some issues concerning the rules applicable to posted workers within the framework of the transnational provision of services and obligations incumbent upon employers, both of those the post and the provision of services to beneficiaries , issues raises a number of practical problems with regard to the distinction in regulating the notion of posting, relative to the internal regulation of the Labour Code (Act 53/2003 - republished ) on the one hand and the European legislation by the other hand. Thus, the contractual relationships between the employer post their workers to perform work for the benefit of its contractual partner, must be very defined very clearly the relationships between employees and employer posted in Romania and that to which they are posted abroad and the obligations each of them. In preparing this paper were used qualitative and quantitative research methods specific depth research of legal sciences, the sociological method, deductive method on regulations, concepts and theories, comparative method. Expected results of the study consist of a summary of the main regulations, solutions and doctrinal views on the development of an suggestions of law, clarification of the regulations with significance implications for business, citizens in their capacity as workers and also for legal practitioners.

Keywords: Posting; posted workers; employers; Directive; conditions of work and employment. (search for similar items in EconPapers)
JEL-codes: K31 (search for similar items in EconPapers)
Date: 2013
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