Social Security Legislation

Social Security Legislation in Europe

Labour law and social security legislation in relation to the E.U. Services Directive

The following is an examination of labour law and social security legislation regarding the European Union Servicies Directive [1]:

Labour law and social security legislation: the Relationship between the EU Services Directive and specific areas of law and policy

Article 1(6) states that the Services Directive does not affect labour law or the social security legislation of the Member States. The Directive neither contains any rules belonging to the area of labour law or social security, nor does it oblige Member States to modify their labour legislation or their social security legislation. Since there is no common Community law notion of labour law, Article 1(6) explains what is meant by labour law: any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers and workers. This covers all those rules which deal with the individual employment conditions of workers and the relationship between the worker and his employer. It includes regulations on wages, working time, annual leave, and all the legislation that concerns contractual obligations between the employer and his employees. Article 1(6) furthermore states that the application of national legislation must respect Community law. This means that, as regards posted workers, the receiving Member State is bound by the Posting of Workers Directive30.

Resources

Notes

  1. Information on labour law and social security legislation based on the EU Services Directive Handbook, UK Government

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