Zróżnicowanie statusu prawnego pracownika delegowanego ze względu na długość okresu delegowania
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The division of the status of posted workers based on the duration of posting
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The object of this article is an analysis of the art. 3 sec. 1a of the amended on 18 June 2018 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. From the perspective of the directive this provision does not change the legal nature of posting, but amends the scope of the labor law provisions provided in the host state. In fact, this provision divides posted workers into two groups: short-term and long-term posted. The author states a hypothesis that division into long-term posted workers and short-term posted workers carries substantial legal significance as it implies the implementation of appropriate regulations of labor law which apply to one or the other group of workers. The study discusses criteria regarding the status updating of long-term posting and analysis regarding status of a worker in the framework of such posting from the perspective of the private international law. The status of the long-term posted workers in the private international law partly resembles the status of the migrating workers on the basis of the freedom of movement. The research method used in the paper is a dogmatic-legal method.
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