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Free movement of services and equal treatment of workers: the case of construction

Author

Listed:
  • Jan Cremers

    (Director of the Dutch paritarian training fund for works councils (GBIO) and European Institute for Construction Labour Research (CLR) coordinator)

Abstract

Directive 96/71/EC (the Posted Workers Directive) is the legal framework in Europe for bona fide cross-border work by posted workers. Following fierce debates at the beginning of the 1990s the European institutions adopted this Directive in 1996. The basic purpose of the Directive was to guarantee equal rights to posted workers combined with fair competition for transnational operations, relying on the ‘host country’ principle. A study by the author has shown that national implementation of the Directive after 1996 has been poor. Following enlargement on 1 May 2004 the debate about decent regulation of labour migration and posted and temporary work abroad returned to the agenda. The current discussions on the Services Directive have brought the ‘country of origin’ principle into the spotlight. The political struggle between supporters of decent regulation (and legal application) of labour migration issues and advocates of the free market has entered a new phase.

Suggested Citation

  • Jan Cremers, 2006. "Free movement of services and equal treatment of workers: the case of construction," Transfer: European Review of Labour and Research, , vol. 12(2), pages 167-181, May.
    • Handle: RePEc:sae:treure:v:12:y:2006:i:2:p:167-181
    DOI: 10.1177/102425890601200205
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