Desplazamientos temporales en el marco de una prestación de servicios transnacional

Abstract

The aim of this work is to investigate the issue of temporary employment in the framework of a transnational provision of services, a reality of the globalised society, which has raised various questions regarding the recognition of equal working conditions within the large labour market of the European Union. An analysis is made of Directive 96/71/EC and its transposition into Spanish regulations through Law 45/1999. The free movement of persons recognised in the Treaty on the Functioning of the European Union represents a need for the necessary protection of the working conditions of transnational workers, so that they can be carried out under principles of non-discrimination and equality. Firstly, the regulation of the legal situation in the European Union and in Spain is contextualised and studied, as well as the implementing regulations. It also analyses the latest reforms in Spain and how they affect the transnational movement of workers, which is the main objective of the work. The new regulations raise new issues in different areas such as transport, social dumping, temporary employment agencies and the contracting or subcontracting of workers. Finally, we will analyse some rulings of the CJEU on the working conditions of transnationals.