ECJ 19 December 2019, case C-16/18 (Dobersberger), Private international law, posting of workers

Michael Dobersberger – v – Magistrat der Stadt Wien, Austrian case

2019/20 How to interpret the Posting of Workers Directive in the cross-border road transport sector? Dutch Supreme Court asks the ECJ for guidance (NL)

In this transnational road transport case, the Dutch Supreme Court has to elaborate on the ECJ Koelzsch and Schlecker cases and asks for guidance from the ECJ on the applicability and interpretation of the Posting of Workers Directive.

2019/20 How to interpret the Posting of Workers Directive in the cross-border road transport sector? Dutch Supreme Court asks the ECJ for guidance (NL)

In this transnational road transport case, the Dutch Supreme Court has to elaborate on the ECJ Koelzsch and Schlecker cases and asks for guidance from the ECJ on the applicability and interpretation of the Posting of Workers Directive.

2017/36 A Dutch insight into the applicability of the Posted Workers Directive on international road transport. But still: a long and winding road ahead? (NL)

In an international road transport case the Dutch Appellate Court held that working from a given place is not relevant when applying the Posted Workers Directive.

2017/36 A Dutch insight into the applicability of the Posted Workers Directive on international road transport. But still: a long and winding road ahead? (NL)

In an international road transport case the Dutch Appellate Court held that working from a given place is not relevant when applying the Posted Workers Directive.

2017/19 Sureties for alleged breaches of the Austrian Anti-Wage and Social Dumping Law (AT)

A surety can be imposed on an Austrian contractor retaining the services of a foreign company, if the foreign company is accused of breaching the Austrian Anti-Wage and Social Dumping Law and if the enforcement of a penalty outside Austria would be extremely difficult or impossible. Any risk assessment of this should based on not only what law is in place but whether it is routinely being applied. The Austrian Supreme Administrative Court (Verwaltungsgerichtshof) ruled that a surety should be imposed on a domestic contractor in relation to violations by a Hungarian suspect, even though law enforcement regulations are in place between Austria and Hungary (but just not applied in practice).

2017/19 Sureties for alleged breaches of the Austrian Anti-Wage and Social Dumping Law (AT)

A surety can be imposed on an Austrian contractor retaining the services of a foreign company, if the foreign company is accused of breaching the Austrian Anti-Wage and Social Dumping Law and if the enforcement of a penalty outside Austria would be extremely difficult or impossible. Any risk assessment of this should based on not only what law is in place but whether it is routinely being applied. The Austrian Supreme Administrative Court (Verwaltungsgerichtshof) ruled that a surety should be imposed on a domestic contractor in relation to violations by a Hungarian suspect, even though law enforcement regulations are in place between Austria and Hungary (but just not applied in practice).

2015/16 Deduction of expenses from posted workers’ minimum wage allowed – but new legislation coming (NL)

The rule confirmed for now: an employer is entitled to deduct expenses for housing costs and health insurance premiums from the minimum wage payable to Polish posted workers, even if such deductions go beyond the deduction limits set in the enforcement policy of the Inspection of Social Affairs. Legislation proposed in order to put a stop to this.

2015/16 Deduction of expenses from posted workers’ minimum wage allowed – but new legislation coming (NL)

The rule confirmed for now: an employer is entitled to deduct expenses for housing costs and health insurance premiums from the minimum wage payable to Polish posted workers, even if such deductions go beyond the deduction limits set in the enforcement policy of the Inspection of Social Affairs. Legislation proposed in order to put a stop to this.

2014/26 French Supreme Court rejects E101 posting certificates (FR)

The French Supreme Court has confirmed the criminal convictions of two budget airlines (Vueling and easyJet) for “undeclared work”, on the grounds that they wrongfully applied the EU regulations on the posting of workers, thereby illegally keeping their France-based staff out of the French social security scheme. The airline companies argued that they did not declare their employees to the French social security scheme as the employees concerned were posted workers who benefited from the exemption from the French social security system, as confirmed by the delivery of E101 (now A1) posting certificates. The Court held that the airlines’ activities were entirely oriented towards national territory, and carried out on a regular, stable and continuous basis or through infrastructures located in national territory. The airlines could not therefore rely on the E101-certificates.