The Swiss Posted Workers Act and Free Movement of Services

Kurt Pärli

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

于Switzerland and the EU

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Kurt Pärli

Kurt Pärli
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类型:: 章节

Page Range:: 117–141

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

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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.

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Switzerland and the EU

A Challenging Relationship

丛编： Studies in EU External Relations, 卷： 20

ISBN:: 9789004529984

出版社:: Brill | Nijhoff

印刷出版日期:: 01 Mar 2023

Subjects
- International Law

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

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Switzerland and the EU

A Challenging Relationship

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