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Appointing Foxes To Guard Henhouses: The European Posted Workers' Directive, Aravind Ganesh

Aravind Ganesh

This note addresses certain complications inherent in governance with regards to posted workers, i.e. workers posted on a temporary basis from one Member State of the Union to another, for the provision of services in the host Member State. In particular, this note attempts to explain how the current Directive 96/71/EC (the "Posted Workers' Directive") sets out mechanisms that produce socially inefficient levels of minimum protections for such posted workers that have to be provided by their employers. This note argues that none of the methods by which host Member States may set such levels of minimum protection (namely positive …