Directive 1996/71 - Posting of workers in the framework of the provision of services

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1.

Current status

This directive has been published on January 21, 1997, entered into force on February 10, 1997 and should have been implemented in national regulation on December 16, 1999 at the latest.

2.

Key information

official title

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
 
Legal instrument Directive
Number legal act Directive 1996/71
Original proposal COM(1991)230 EN
CELEX number i 31996L0071

3.

Key dates

Document 16-12-1996
Publication in Official Journal 21-01-1997; Special edition in Slovenian: Chapter 05 Volume 002,Special edition in Bulgarian: Chapter 05 Volume 004,Special edition in Czech: Chapter 05 Volume 002,Special edition in Slovak: Chapter 05 Volume 002,Special edition in Maltese: Chapter 05 Volume 002,Special edition in Romanian: Chapter 05 Volume 004,Special edition in Polish: Chapter 05 Volume 002,Special edition in Latvian: Chapter 05 Volume 002,Special edition in Lithuanian: Chapter 05 Volume 002,OJ L 18, 21.1.1997,Special edition in Hungarian: Chapter 05 Volume 002,Special edition in Croatian: Chapter 05 Volume 005,Special edition in Estonian: Chapter 05 Volume 002
Effect 10-02-1997; Entry into force Date pub. + 20 See 192E191
End of validity 31-12-9999
Transposition 16-12-1999; At the latest See Art 7

4.

Legislative text

21.1.1997   

EN

Official Journal of the European Communities

L 18/1

 

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 57 (2) and 66 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),

 

(1)

Whereas, pursuant to Article 3 (c) of the Treaty, the abolition, as between Member States, of obstacles to the free movement of persons and services constitutes one of the objectives of the Community;

 

(2)

Whereas, for the provision of services, any restrictions based on nationality or residence requirements are prohibited under the Treaty with effect from the end of the transitional period;

 

(3)

Whereas the completion of the internal market offers a dynamic environment for the transnational provision of services, prompting a growing number of undertakings to post employees abroad temporarily to perform work in the territory of a Member State other than the State in which they are habitually employed;

 

(4)

Whereas the provision of services may take the form either of performance of work by an undertaking on its account and under its direction, under a contract concluded between that undertaking and the party for whom the services are intended, or of the hiring-out of workers for use by an undertaking in the framework of a public or a private contract;

 

(5)

Whereas any such promotion of the transnational provision of services requires a climate of fair competition and measures guaranteeing respect for the rights of workers;

 

(6)

Whereas the transnationalization of the employment relationship raises problems with regard to the legislation applicable to the employment relationship; whereas it is in the interests of the parties to lay down the terms and conditions governing the employment relationship envisaged;

 

(7)

Whereas the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (4), signed by 12 Member States, entered into force on 1 April 1991 in the majority of Member States;

 

(8)

Whereas Article 3 of that Convention provides, as a general rule, for the free choice of law made by the parties; whereas, in the absence of choice, the contract is to be governed, according to Article 6 (2), by the law of the country, in which the employee habitually carries out his work in performance of the contract, even if he is temporarily employed in another country, or, if the employee does not habitually carry out his work in any one country, by the law of the country in which the place of business through which he was engaged is situated, unless it appears from the circumstances as a whole that the contract is more closely connected with another country, in which case the contract is to be governed by the law of that country;

 

(9)

Whereas, according to Article 6 (1) of the said Convention, the choice of law made by the parties is not to have the result of depriving the employee of the protection afforded to him by the mandatory rules of the law which would be applicable under paragraph 2 of that Article in the absence of choice;

 

(10)

Whereas Article 7 of the said Convention lays down, subject to certain conditions, that effect may be given, concurrently with the law declared applicable, to the mandatory rules of the law of another country, in particular the law of the Member State within whose territory the worker is temporarily...


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5.

Original proposal

 

6.

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