Number of Employees

Number of Employees in Europe

Obligations to have a minimum number of employees in relation to the E.U. Services Directive

The following is an examination of obligations to have a minimum number of employees regarding the European Union Servicies Directive [1]:

Obligations to have a minimum number of employees: Requirements subject to evaluation

Article 15(2)(f) refers to requirements fixing a minimum number of employees for service providers. Such a requirement might be very burdensome for certain operators, in particular for small and medium-sized undertakings, which might be forced to increase their staff in order to be able to provide their services. If they cannot afford this, such a requirement might in some cases even exclude them from the market.

When evaluating their legislation Member States should consider that, as shown by the case law of the ECJ, requirements to have a minimum number of employees will only be justified in a limited number of cases. For example, in a case concerning security services, the ECJ stated that the obligation to have a minimum number of employees was justified by considerations of security only when applied to the specific activity of transport of explosives (in view of the necessity to have a team of a specified number of people handling dangerous material) but not with regard to other more common activities in the field of security involving a lower risk for the public, like activities carried out by watchmen98.

Resources

Notes

  1. Information on obligations to have a minimum number of employees based on the EU Services Directive Handbook, UK Government

See Also

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