Action For Annulment Of The Modification Of The Posting Of Workers Directive


The European Council adopted an amendment to the Posting of Workers Directive on 21 June 2018. The purpose of the revised Directive was to ensure fair competition for companies and better protection for workers who have been sent by their employers to perform services in another EU Member State on a temporary basis. Under the new regime, all of the host country's remuneration rules should apply to posted workers, so that the posted workers could get equal pay for equal work in the same place.

The Hungarian Government submitted an action to the Court of Justice of the European Union on 3 October 2018 for the annulment of the modification of the Posting of Workers Directive. According to the Hungarian Government, the modification has detrimental impact on the enterprises in the region. It argues that the modification constitutes disproportionate restriction on the freedom to provide services which is one of the EU's four fundamental freedoms. Therefore, the modification would...

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