Fabrizio Bano

The territoriality of law. Transnational posting of cheap labour

  • Abstract

Informations and abstract

Keywords: Posted Workers; The Principle of Territoriality; Cheap Labour.

In the essay, important implications for labour law stemming from the decline of the principle of territoriality of law are highlighted. In essence, bypassing the principle of territoriality of the law means that the employer is able to choose the rule of law, which allows more returns instead of the rule of law of the country where the work is performed. The Eu regulation on temporary posting of workers is used to illustrate this mechanism, with a specific reference to the recent Italian examples of posting used by companies to import labour from countries where labour costs are much lower. The second part of the essay analyses the contribution that may come from the new Enforcement Directive of 2014 on posting and specifically on providing possible solutions to counter act this type of transactions that give rise to illegal activities and to unfair competition between companies and States.

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