Opinia prawna na temat zgodności z prawem Unii Europejskiej niemieckiej ustawy o płacy minimalnej (MiLoG) w zakresie dotyczącym usług transportowych
Legal opinion on the conformity with the European Union law of the German Act on the minimum wage (MiLoG) in relation to transport services (BAS-WAPEiM-48/15)
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The opinion provides an analysis of the compatibility of the Act on the Minimum Wage (MiLoG), based on which the obligation to pay minimum wage applies to all employees, irrespective of the Member State in which the registered office of the employer is located, with the provisions of primary and secondary law of the European Union in terms of internal market freedoms and, in particular, the provision of services and posting of workers. Referring to the European legislation, the author points out two main issues: the Act on the Minimum Wage seems to be in conformity with EU law in so far as it concerns posted workers. Based on the case law of the Court of Justice of the European Union in similar cases, she expresses an opinion that these provisions may be inconsistent with the regulations on the free movement of services in relation those who are not covered by the EU definition of a posted worker.
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