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Zróżnicowanie statusu prawnego pracownika delegowanego ze względu na długość okresu delegowania

100%
Grugutis J.
Przegląd Zachodni
|
2019
|
issue 2 (371)
95-108
EN
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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Swoboda przepływu osób w Unii Europejskiej a prawa i wolności człowieka. Zasada wolności migracyjnej

88%
Czermińska M.
Krakowskie Studia Międzynarodowe
|
2013
|
issue 2
11-24
EN
For a long time governments, politicians and the public are facing a dilemma, how to ensure, on the one hand, the freedom to cross borders, ensure the safety of foreigners and encourage them to come, on the other hand, how to guard against the arrival of unwanted people and ensure the safety of its own citizens. A new quality in the implementation of the principle of freedom of migration was the creation of a single European market, with the four freedoms: free movement of goods, persons, services and capital. The aim was to create an area without internal frontiers, in which persons may move freely. An important role in the abolition of physical barriers on the movement of people played the creation of the Schengen area. All citizens of the European Union have the right of freedom of movement of persons. This also applies to family members of citizens of the European Union, regardless of their nationality. They have the right to move and reside, work and take up economic activities, education, receipt of social benefits. To allow working in another country are also needed some actions to support the movement of workers, especially the recognition of professional qualifications and the harmonization of policies on social benefits.
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