The Swiss Posted Workers Act and Free Movement of Services

Kurt Pärli

Jump to Content

Chapter 4 The Swiss Posted Workers Act and Free Movement of Services

In: Switzerland and the EU

Author:

Kurt Pärli

Kurt Pärli
Search for other papers by Kurt Pärli in
Current site
Google Scholar
PubMed

Type:: Chapter

Pages:: 117–141

DOI:: https://doi.org/10.1163/9789004529984_006

Purchase instant access (PDF download and unlimited online access):

€42.00€35.00 excl. VAT

Add to Cart

Redeem Access Token

Abstract

After Switzerland ratified the Agreement on the Free Movement of Persons (AFMP) with the European Union, the so-called “social flanking measures” were introduced in Swiss legislation on the posting of workers. These include the Swiss Posted Workers Act – which afterwards has been revised repeatedly – and a range of anti-wage dumping measures of varying effectiveness, such as monitoring, sanctions, the possible introduction of legal standards for minimum wages in specific sectors in case of wage dumping, an obligation to notify the use of posted workers eight days in advance in order to permit controls, facilitation of the general applicability of collective agreements and many more. The chapter provides an overview of the relevant legislation and case law, including also the legal framework in the European Union insofar as it is binding on Switzerland through the AFMP. In particular, it will be analysed whether and to what extent the social flanking measures violate the non-discrimination principle under the agreement.

Citation Info

Save
Cite
Email this content

Share link with colleague or librarian

You can email a link to this page to a colleague or librarian:
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/9789004529984/BP000005.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

Collapse
Expand

Switzerland and the EU

A Challenging Relationship

Series: Studies in EU External Relations, Volume: 20

E-Book ISBN:: 9789004529984

Publisher:: Brill | Nijhoff

Print Publication Date:: 01 Mar 2023

Subjects
- International Law

Front Matter

Back Matter

Metrics

	All Time	Past 365 days	Past 30 Days
Abstract Views	543	283	163
Full Text Views	25	2	1
PDF Views & Downloads	71	1	1

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

Authors

Open Access

Product Information

Company

Contact

Chapter 4 The Swiss Posted Workers Act and Free Movement of Services

Abstract

Citation Info

Share link with colleague or librarian

Switzerland and the EU

A Challenging Relationship

Table of Contents

Metrics

Metrics