Cross-Border Services,Posting of Workers,and Jurisdictional Alternation

Abstract

Posting of workers in the framework of cross-border provision of services involves issues of private international law concerning the choice of applicable law as well as matters of jurisdiction. A lack of harmonization or coordination may lead to competing and conflicting litigations that are ill suited to safeguard workers' rights or protect the interests of businesses or social partners. Drawing on a Danish-Polish case these points are sharply illustrated in the present essay. The case in point did not directly involve the EC Posted Workers Directive as it concerned claims based on collective agreement outside of the scope of the Directive. It is argued, however, that even if the Directive may be considered to imply certain measures and safeguards there still is a need to amend the Directive so as to ensure the protection it is intended to provide.