Riassunto analitico
When applied to the road transport sector, the EU Posting of Workers policy does not respond to the concerns raised regarding its inadequacy. Indeed, a European legal framework about posted workers exist, it moves from its first appearance with the 96/71/EC Directive, to its Enforcement (2014/67/EU Directive), protecting the rights of workers temporarily posted abroad. Of most recently approval is the 2018/957/EU Directive, with the declared aim to implement and enforce the Posting of Workers Directive more efficiently. Even across the road transport industry, the legal context is extensively structured and incorporates, largely, the 2006/22/EC Directive adopting a set of minimum requirements to implement ‘Driving time’ Regulation’s provisions. Besides, it includes other sector-specific rules on working time for drivers and on the use of tachographs. The same lack in recognizing the mobile nature of road transport sector drivers’ work, it is mirrored in national perspectives. Taking Italy as an example, it can been seen how the national legislator arranged the transport policy in a smart way, detailing sector-rules, transport contracts and related issues. However, regarding the transposition of posting in the Italian law, the Legislative Decree No 136 of 17 July 2016 is the tool that has more appropriately migrated the EU intention of the lawmaker, yet. The key role of Rome I Regulation underlines the law that should govern individual employment contracts when the actual protection of posting does not cover. In the meanwhile, the doubts about Posted Workers Directive, seems find a reply in May 2017 with the ad hoc proposal COM(2017) 278, by which European Commission answers the request of legislative support for posting in the road transport sector. The Committee on Transport and Tourism (TRAN) has begun the specific iter. As expected, the proposal provides changes incorporated in specific requirements and control methods to apply to road operators and drivers to check compliance with the Directive’s provisions in the road transport industry.
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