Suchergebnisse

This article describes the findings of a study that investigates the application of posting provisions for the period 1995–20001. The study was requested by the European Commission and follows an earlier study. The aims of this study were to: — find out how European mobility by posting is developing; — identify problems experienced by Member States' administrations, social security institutions, employers and workers when applying the posting provisions; — suggest possible solutions both at Community and at national level; — monitor the development of candidate countries with regard to the posting provisions in bilateral agreements and the preparations for implementing the co-ordination regulations 1408/71 and 574/72. Four Candidate Countries (Poland, the Czech Republic, Hungary and Lithuania) were included in this study. Member States were also asked about the the posting provisions in bilateral agreements with Candidate Countries.

In this article we ask what has changed since 1995 with regard to the implementation of posting rules. In order to answer this question, the article examines a number of aspects of posting that relate primarily to the implementation of the rules: – administrative procedures and how they have been affected by the Fitzwilliam case; – the interpretation of Article 14 (2)(b); – the use of Article 17; – the position of self-employed persons following the Banks case. Our considerations are based on the results of investigations by BMT consultants that were conducted in 1995 and 1996, and on a recently conducted survey of the Dutch competent institution for posting, the Sociale Verzekeringsbank. Finally, we look at what has changed and whether the challenge inherent in current mobility developments can be met using our present posting rules