The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market of the European Union, enshrined in the Treaty on the Functioning of the European Union (TFEU).
The posting of workers consists, in the context of the transnational provision of services, in the temporary assignment by the employer of a worker to a place where work is to be carried out other than his/her usual place of work, for a limited period and on the basis that the link of subordination between the worker and his/her employer, the posting undertaking, is to be maintained.
In order to provide a framework for the posting of workers within the European Union and to endeavour to combat the detrimental effects thereof on competition due to the use of undertakings established in countries with low wage costs to the detriment of undertakings of the Member States in which employment costs are higher, the posting of workers was initially dealt with by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996, which seeks to promote the provision of services in a transnational context on the basis of fair competition and the introduction of measures guaranteeing respect for the rights of workers by the establishment of a "hard-core" of mandatory protection measures, laid down by the Member State in whose territory the work is carried out.
Implementing Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 establishes a common framework for a set of provisions, measures and control mechanisms to improve and standardise the implementation, application and enforcement of the provisions of Directive 96/71/EC in practice.
Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC pursues the aim of establishing a fair balance between the need to promote the freedom to provide services and to ensure fair conditions of competition, on the one hand, and the need to protect the rights of posted workers, on the other. The amendments made by Directive (EU) 2018/957 will apply only from 30 July 2020.
The provisions concerning the posting of workers are at present contained in Articles L. 141-1 et seq of the Labour Code.