Europarechtliche Rahmenbedingungen für eine Reform des Arbeitnehmer-Entsendegesetzes

Any reform of the Posted Workers Act has to observe the prescriptions of European law. The European Directive on the Posting of Workers allows the German legislator to include all branches into the statute. However, it is not allowed to include other types of working conditions than the conditions enumerated in the Directive. Furthermore, the Directive requires the extension of generally applicable collective agreements, should they be of regional scope only. Given the case that the German legislator decides to use regional collective agreements as the provision of content for statutory minimum wages according to Sec. 7 of the Posted Workers Act on the Posting of Workers, the Directive requires then that these wages be extended to posted workers. Finally, the social partners are legally free to conclude agreements which include a full wage scale, when these agreements are meant to become generally applicable or to provide the content of statutory minimum wages which shall apply to posted workers.