EC concerning the posting of workers in the framework of the provision of services - Main contents

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This page contains a limited version of this dossier in the EU Monitor.

dossier	COM(2012)131 - Enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services.
document	COM(2012)131
date	May 15, 2014

Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 120, 5.5.2006, p. 22).

Joint statement by the European Parliament, the Council and the Commission on Article 4(3)(g)

The fact whether or not the post to which the posted worker is temporarily assigned to carry out his/her work in the framework of the provision of services was filled by the same or another (posted) worker during any previous periods constitutes only one of the possible elements to be taken into account while making an overall assessment of the factual situation in case of doubt.

The mere fact that it can be one of the elements should in no way be interpreted as imposing a ban on the possible replacement of a posted worker by another posted worker or hampering the possibility of such a replacement, which may be inherent in particular to services which are provided on a seasonal, cyclical or repetitive basis.