engleski

Revision of the Posted Workers Directive - Is There Equality of Opportunity for Posted Workers?

Although posted workers represent only 0.7% of total EU employment, the posting of workers supports the cross-border provision of services across the Internal Market, particularly in the construction and some personal and business services sectors. Directive 96/71/EC (hereinafter: Posted Workers Directive) within the EU law aimed to provide a clear framework to guarantee fair competition and respect for the posted workers' rights so that both businesses and workers can take full advantage of the internal market opportunities. However, no society is free from injustice as we can see in example of posted workers who receive different wage for the same job as workers in European Union host country where they temporarily provide services for their employers. This shows that issue of inequality regarding labour rights is indeed a universal and permanently evolving phenomenon that could be analysed from philosophical and legal perspective. From philosophical perspective, fair equality of opportunity requires that social positions, such as jobs, be formally open to each individual. In other words, each individual should have a fair chance to attain these positions. Nevertheless, it is obvious that if every person and job were the same, wage levels other additional benefits that a worker receives for work would be uniform. However, this is not the case of Posted Workers Directive where posted workers wage differentials are result of inequality of wage. If we think of a wage as compensation for a worker, i.e., for the loss of leisure time, it would be just that same loss of leisure time should require equal compensation as well as the cost of separation from the family, staying in an unknown environment, and the inability to directly influence their situation. In the light of Rawlsian principles of justice authors will analyse the proposal for the change of the Posted Workers Directive and some aspects of controversies that have been raised between European Union Member States

Directive 96/71/EC, Directive 2014/67/EU, Equality, EU Internal Market, Posted Wokers

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