Among the scope of application of the freedom to provide services within the European Union, the need to curb social dumpingphenomena is particularly highlighted by EU legislation. In this regard, we can easily see that the legislative effort at EU level, as well as in the individual EU Member States, related to the management of employees involved in working in Member States other than the Member State of employment is considerable and cyclically amended.

Regulatory interventions on this point, starting with EU directives and regulations, have been manifold. In particular, it is the aim of this publication to explore the implications of long-term postings. Indeed, in such cases there is a greater need to harmonise and possibly combine, within the same employment relationship, provisions of the employment relationship of several member states.

Definition and institution

Directive 2018/957, of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC, introduced the notion of long-term posting. This is how posting exceeding the duration of 12 months or 18 months in the case of a justified extension is defined. What we are interested in dealing with are the practical implications, in terms of the impact on the employment relationship, of long-term posti...