AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 60 No 3 (2014), 45–58

Vysílání pracovníků a poskytování služeb do Německa a Rakouska

[Posting of Workers to Provide Services in Austria and Germany]

Martin Štefko

published online: 28. 01. 2015

abstract

Posting of Workers to Provide Services in Austria and Germany The Posted Workers Directive represents a compromise on how to negotiate the tension between freedom and protection in an employment relationship with employees temporarily relocated to another Member State. In accordance with the Rome Convention (or the regulation Rome I) respective employment relationships are governed by the home state´s laws. However, employers relocating employees to another Member State shall obey minimum protection guaranteed within the ambit of Article 3 I of the Posted Workers Directive by the host state. Such employers shall apply working conditions more favourable to relocated employees. This mandatory comparison that applies solely towards foreign employers makes foreign labour more expensive. Relocated employees acquire more rights than domestic employees; duties are not subject to comparison. Such practise is not sustainable in the long-term, even if the information campaign of the Member States improves. There must be issued either a uniform set of rules governing employment relationships of relocated employees or one law system chosen that will govern respective employment relationships.82 Although the EU is primary an economic union, the Posted Workers Directive is evidence that, in social Europe, it is impossible both to constitute and guarantee freedom to provide services without setting forth rules unifying social protection in all Member States. Not only did social policy on the European Union level not improve and not harmonize in each Member State somehow “automatically” (which is what the founders expected), but it also has become a serious obstacle for the European Union’s most important aim – creation of an internal free market. There are serious problems connected to the application of Posted Workers Directive. Regardless of the chosen solution, for Central Europe there is no alternative to the process of the EU’s integration. Either strong national welfare states will surrender or the integration will be diminished.

keywords: temporary work agencies; posting of workers; free movement of workers; labour law; the Posted Workers Directive agenturní zaměstnanci; vysílání pracovníků; svoboda volného pohybu pracovníků; pracovní právo; směrnice o vysílání pracovníků

Creative Commons License
Vysílání pracovníků a poskytování služeb do Německa a Rakouska is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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