Arbeitnehmerüberlassung im Binnenmarkt

There are still legal and political controversies regarding the applicable labour and social security laws for cross border temporary agency workers and also the conditions under which the posting of temporary agency workers is permitted. This book offers solutions to these uncertainties, especially with regards to the impact of the applicable laws on competition between EU member states. Due to the different level of labour costs in each member state, the applicable laws eventually determine the labour costs of a posted worker. In cases where the local domestic law and therefore the local domestic wages do not apply, employers can gain a competitive advantage by using temporary agency workers from countries with lower labour costs. According to the solutions offered in this book, the freedom to provide services generally guarantees the right to take advantage of these lower labour costs – provided that the employer truly provides services.