According to our labour law, the transfer of workers to the contractual place of work, different place of use only in exceptional cases is reasonable. For example in mechanics. In addition, the employer for all expenses for accommodation have to pay, transportation, etc., and the additional commute is considered to be paid working time.
This law comes from a distant time:
as the protection of the family, the nation-States still sacred as the unemployment rate was low and they found work there, where you lived and his family and circle of friends hatteals you worked to live, to work, to überlebenals the wages are fairly evenly distributed.
Today, we live in a mobile world that looks something like this:
the richest 10 percent of households collect so much that you could live anywhere princely nThe riding richest 30 percent to around 80 percent of the cross-border Privatkonsumsdas poorest one-third must be glad to be allowed at all, anywhere in any work nThe former economic pursue, and habitats have become production sites, the against the buying power of the mobile upper layer of fighting
In this spirit, adopted by the EU Parliament in 2006, the Directive on services in the internal market. After that, a more competitive services for the promotion of economic growth and job creation in the EU. Also, SMEs should be able to provide their “services beyond national borders”, because the “means for the consumer a greater choice and better services at lower prices”. to be able to
Tougher rules for expenses to pay
Around the consumer, applies in the EU, the “fundamental freedom of free movement of persons”. What is meant is above all the freedom of the Gutherren, your human capital, there is a cross-border basis, where it can generate the highest Profit. This is especially the case where the wage level is lower than in their own country. Now, after all, also in the EU, the principle, that the sender must pay their employees at the place of use of usual wage.
a year Ago, the EU has agreed to Parliament, even a new posting of workers Directive, according to which “posted workers (….) at least the same (….) Allowances or reimbursements to cover travel, subsistence and accommodation costs, as resident employees in that member state”. In addition, the “national competent authorities should verify whether the living conditions in the accommodation and (…) comply with the relevant national provisions of the host member state (…) in line”.
lawful posted work is not worth it
However, even if the Posted housed in a decent hotel, if all of the charges paid by the sender, and travel time as well as work would be rewarded, would have to waive the seconded employees but to their family, neighbors, and Acquaintances. They live only to work, at least, many will feel that way. The question of reasonableness remains candid.
These Considerations make it clear: If we wanted to maintain in our modern world of the location competition, the above-outlined workers ‘ rights, would be addition to posted work from a few exceptional cases – is simply not an issue, because much too expensive. And if a Polish machine manufacturer must send an engineer to a Swiss customer, would crows no cock then, if this would continue to be just his Polish wage.
The dispute to the local wage is actually a secondary question. But, unfortunately, the wage is practically the only hand, with the help of the trade unions against the imported wage dumping can fight back. On the registration form for “seconded employees in Switzerland”, in addition to Name, date of birth, occupation, etc. “the applicable wage only be specified”. But even this is difficult to control.
wage gap in the EU-States
Swiss workers can enforce their rights, if necessary, with the help of their trade unions, with strikes or labour courts. Posted workers do not have this possibility. You don’t need to be usually satisfied when you receive less pay than in the home country. The bottom line is this is not to say that the claim in accordance with local wages is sufficient.
the root of The Evil lies deeper, namely in the large pay gap between and the completely broken labour markets within the EU countries. Ultimately this is a question of decency. The vast majority of EU citizens are in urgent need of more protection of Wages. Switzerland can help you a little.