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Posted Workers In The Transnational Provision Of Services – Treatment And Obligations Of Employers


  • Mihaela Catana

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


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.

Suggested Citation

  • Mihaela Catana, 2013. "Posted Workers In The Transnational Provision Of Services – Treatment And Obligations Of Employers," "Perspectives of Business Law” Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 2(1), pages 247-259, December.
  • Handle: RePEc:sja:journl:v:2:y:2013:i:1:p:247-259

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    References listed on IDEAS

    1. Magnus Henrekson & Tino Sanandaji, 2011. "Entrepreneurship and the theory of taxation," Small Business Economics, Springer, vol. 37(2), pages 167-185, September.
    2. Mikael Stenkula, 2012. "Taxation and entrepreneurship in a welfare state," Small Business Economics, Springer, vol. 39(1), pages 77-97, July.
    3. Donald Bruce & John Deskins, 2012. "Can state tax policies be used to promote entrepreneurial activity?," Small Business Economics, Springer, vol. 38(4), pages 375-397, May.
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    More about this item


    Posting; posted workers; employers; Directive; conditions of work and employment.;

    JEL classification:

    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law


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