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The Labyrinth of Employment and Social Rights in the EU Intra-Corporate Transfer Directive
European Labour Law Journal Pub Date : 2020-10-27 , DOI: 10.1177/2031952520967362
Herwig Verschueren 1
Affiliation  

Directive 2014/66/EU on Intra-Corporate Transfer regulates the temporary secondment of key personnel and trainees from third countries to the Member States of the EU. It is part of the EU external labour migration policy and aims at facilitating this policy by setting up harmonised conditions for admission, residence and work of these migrants, including the right to move and work in another Member State. This article analyses the role and meaning of the provisions in this Directive relating to the employment and social security rights of intra-corporate transferees. They are the result of cumbersome negotiations and the compromises that were reached are ambiguously and inconsistently formulated. First, this article will highlight the relevance of the worker’s employment position for determining the scope of this Directive. Next, it will analyse the role of employment and social security rights in the implementation of the Directive by the Member States. These rights are relevant as criteria for admission, as grounds for rejection of an application, as grounds for withdrawal or non-renewal of an ICT permit and as conditions for short-term and long-term mobility within the EU. Subsequently, this article will scrutinise, in detail, the provisions of Article 18 of the Directive which guarantee equal treatment with the nationals of the host State in respect of employment and social security rights. Special attention will be paid to the interrelationship of this Directive with other EU legal instruments such as the Posting of Workers Directive, the Rome I Regulation and social security Regulation 883/2004. It concludes that the complicated and contradictorily worded provisions on employment and social security rights in this Directive reflect the ambiguity in the perception of the status of this type of migrant worker coming from a third country: are they to be considered as temporary workers or do they really participate in the labour market of the host Member States?



中文翻译:

欧盟公司内部转移指令中就业与社会权利的迷宫

关于公司内部转移的第2014/66 / EU号指令对从第三国向欧盟成员国的临时借调关键人员和受训者进行了规定。它是欧盟外部劳务移民政策的一部分,旨在通过为这些移民的接纳,居住和工作建立统一的条件,包括在另一成员国的迁徙和工作权,来促进这一政策的实施。本文分析了本指令中有关公司内部受让人的就业和社会保障权的规定的作用和含义。它们是繁琐的谈判的结果,达成的妥协模棱两可而且不一致。首先,本文将重点介绍工人的就业位置与确定本指令范围的相关性。下一个,它将分析就业和社会保障权在成员国执行该指令中的作用。这些权利既可以作为准入标准,也可以作为拒绝申请的依据,也可以作为撤消或不更新ICT许可证的依据,也可以作为欧盟内部短期和长期流动的条件。随后,本条将详细审查该指令第18条的规定,这些规定保证就就业和社会保障权利与东道国国民享有平等待遇。将特别注意本指令与其他欧盟法律文书(例如《发布工人指令》,《罗马一号条例》和《社会保障条例》 883/2004)之间的相互关系。

更新日期:2020-10-27
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