Mobilità nell’impiego e diritti dei lavoratori: riflessioni tra cooperazione in materia civile e relazioni esterne dell’Unione europea

Abstract

This paper focuses on the mobility of posted workers both within the EU and at an international level. From the first point of view a fundamental role is played by the p.i.l. rules on the applicable law contained not only in the Rome I Regulation but also in the Directive No. 96/71 on posted workers. The latter, in particular, integrates the p.i.l. rules by establishing a core of overriding mandatory provisions aimed at guaranteeing a minimum level of protection to posted workers. In the free trade and investment agreements concluded by the EU, on the contrary, p.i.l. provisions are absent and the only tool that can be referred to in order to ensure workers the highest protection possible is a dynamic interpretation of the social chapters of new generation contained in such agreements in the light of the ILO core labour standards.