On July 3rd, 2025, Studio A&P participated in the Posting Lab #107 webinar organised by the European Labour Mobility Institution (ELMI). The seminar was held online via the Zoom platform from 3:00 p.m. to 5:00 p.m. (CET).
The lecturer was Marek Benio, PhD, co-founder and vice-president of ELMI. Benio provided an interesting overview of the concept of posting of workers in the EU, EEA and Switzerland, as well as the normative framework underpinning it.
Topics discussed: historical and political overview
The lecturer made an initial clarification regarding the definition of posting of workers. In particular, he emphasised the difference between posting of workers and business travel. Both situations are temporary in nature. However, in case of transnational posting for the provision of services, fundamental terms and conditions concerning the rights of posted workers must be considered.
Reference to the Commission for the Enlargement of the European Union was equally important. In the early 2000s, the Commissioner promoted the expansion of the Union to include Eastern European countries. Principles such as free movement of goods, capital and workers, were strongly invoked. Following the expansion of the EU in 2004, a growing number of Member States began to promote free market, fulfilling such principles. Workers from Eastern Europe increasingly moved to the western part of the continent. At the same time, there was a huge flow of goods and capital in the opposite direction. On the one hand, a number of workers chose to emigrate to another member State permanently. Several companies, on the other hand, began to send employees to other member States to work there for short periods. This phenomenon gave birth to the concept of posting of workers.
Topics discussed: normative framework underpinning posting of workers
Such a “Copernican revolution”, in the words of Professor Marek Safjan (CJEU Judge), must necessarily be regulated by a normative framework. The webinar therefore covered the following texts:
- Treaty on the Functioning of the European Union, the pillar text on the principle of freedom to provide services.
- Regulation 593/2008 on the law applicable to contractual obligations (Rome I).
- Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996, concerning the posting of workers in the framework of the provision of services, amended by Directive (EU) 2018/957. Specifically, attention was focused on Member States’ obligation to ensure minimum terms and conditions of employment for posted workers, to prevent exploitation and social dumping.
- Bilateral agreements between Member States, aimed at preventing double taxation of posted workers’ income.
- Judgments of the Court of Justice of the EU, the jurisprudence to refer to if the posting of workers is considered from the perspective of the freedom to provide services.
Conclusions
In summary, ELMI’s Posting Lab #107 was a dynamic and wide-ranging meeting on the history and evolution of the concept of posting workers. The final part of the webinar also gave room for participants’ opinions and considerations, with the aim of constantly integrating knowledge among the parties involved. It is hoped that the suggestions emerged during the meeting will provide inspiration for further discussion.
