Equal pay for equal work in the same place – on the relationship between free movement of services and regulation of wage and working conditions in EU law

Duration
20.01.2020–10.02.2027

The project combines EU law and labour law in a study of the relationship between the principle of free movement of services and host State regulation of wage and working conditions.

Man cooking food in between two trailer trucks on the road.

Photo: Håvard Sæbø, FriFagbevegelse.

Contact

About the project

The project investigates how both EU Member States and labour market parties can ensure "equal pay for equal work in the same place" for workers involved in cross-border service provision, focusing in particular on workers in the transport sector.

The phrase "equal pay for equal work in the same place" is inspired by the European Commission's 2016 proposal for amendments to the Posted Workers Directive (96/71/EC), which resulted in an amendment directive (2018/957) in which the principle of equal treatment plays an important role.

The Posted Workers Directive applies to situations where a service provider established in one Member State (home State) temporarily sends workers to perform services in another Member State (host State). The directive requires that the host State ensures that the service provider guarantees its employees certain wage and working conditions, as defined by the host State's legislation and/or collective agreements. The directive applies to service providers in the transport sector, but not to merchant navy undertakings. For posting in the road transport sector, more specific rules apply.

The project will compare the legal regimes applicable to the various forms of transport and will attempt to explain and evaluate the current legal framework in the light of general principles and considerations of EU law.

Goal

The project’s goal is to examine the possibilities for ensuring "equal pay for equal work in the same place" in the transport sector and to evaluate the current legal framework.

Participants

Funding

The project is part of the research project Building Labour Law (Arfa).

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Published Mar. 26, 2025 11:51 AM - Last modified Mar. 26, 2025 3:19 PM