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BackOn Monday, a study was presented in Parliament, which had been commissioned by the Committee on Employment Affairs. It deals with the issue of the relationship of social and labour rights and the law of the Internal Market. The study finds that the free movement of workers in the EU initially also guaranteed their equal treatment in the labour market. However, in the legislation and jurisdiction of the ECJ (for example the rulings Laval 2007 and Viking 2008), the economic freedoms of companies were given preference over this law. This created opportunities for exceptions from the protection of workers' rights, which might affect workers who are posted to other EU states by their company as well as agency workers. As a result these are pushed into precarious and low-waged employment.
To improve access to labour rights, the study recommends a new definition of the relationship between labour rights and Internal Market: firstly, it proposes that the Internal Market is viewed in its constitutional context, hence that it is bounded by fundamental rights. Secondly, European law had to be reformed where Internal Market law was given preference over labour rights. The Study proposes that the reform of the Posted Workers Directive would guarantee the equal treatment of workers instead of the equal treatment of companies. Apart from that, it had to be ensured that migrant workers would not be in a worse position concerning social security. Thirdly, social partners should find special rules for particular affected sectors and trade unions should combine forces transnationally to enforce these rules. The study regards the equal treatment of migrant workers, the enforcement of fair working conditions, collective bargaining rights and the right to take industrial action within the Internal Market as areas of activity
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