Sufficient connection test and the definition of a posted worker: Unexpected lessons learnt from Dobersberger

• Autores: Marta Lasek Markey
• Localización: European law review, ISSN 0307-5400, Nº 3, 2021, págs. 395-403
• Idioma: inglés
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• Resumen

  • In December 2019, the Court of Justice of the European Union (CJEU) issued a judgment in Dobersberger (C-16/18), concerning the contentious issue of posted workers. This article engages in the conversation on Dobersberger within the context of the controversial issue of wage competition that underpins the Posted Workers Directive. It unpacks AG Szpunar’s Opinion, and the judgment of the Grand Chamber which focuses on the definition of a posted worker in light of the challenges posed by the evolving worldof work and hypermobility. The CJEU in Dobersberger has modified the established definition of a posted worker by adding to it a novel test of a sufficient connection to the territory of the “host” Member States that workers have to satisfy before they can avail of the protection of the Posted Workers Directive. It will be argued that this is likely to become a significant obstacle in practice for some intra-EU temporary labour migrants, particularly in the transport sector.