The Swiss posted workers Act and free movement of services between Switzerland and the EU

The Swiss posted workers Act and the (limited) free movement of services between Switzerland and the European Union

Speaker:

Professor Dr Kurt Pärli (University of Basel)

Chaired by Professor Nicola Countouris (Professor of Labour Law and European Law, UCL Laws)

About this talk

The so called ‘social flanking measures” were introduced after Switzerland has ratified the free movement agreement with the European Union. Those social flanking measures include the posting of workers act that was revised more than five times since 2002 and includes many more or less effective measures against wage dumping (Monitoring, sanctions, possibility to introduce legal standards for minimum wages in the branches in case of wage dumping, obligation to notify 8 days in advance posted workers to permit controls, facilitations of the general applicability of collective agreements and many other measures). The lecture will give an overview about the relevant jurisprudence (some interesting cases of the Swiss federal high court). Furthermore it will be analyzed if and insofar the social flanking measures are violating the non-discrimination principle in the free movement agreement.

About the speaker

Professor Pärli’s academic background includes studies of social work and law at the Universities of Bern, Freiburg and St. Gallen. He has been awarded research fellowships at the Humboldt University in Berlin (Faculty of Law), at the University of Berkeley, California (Center for the Study of Law and Society) and at the University College in London (Institute for Labour Rights).

Professor Pärli has joined the Faculty of Law at the University of Basel in February 2016, having previously been professor at the Zurich University of Applied Sciences. Heretofore, he was a private lecturer of Labour Law and Social Security Law at the University of St. Gallen and holding a professorship at the University of Applied Sciences Northwestern Switzerland in Olten.

His specific fields of research concern labour law, social security, anti-discrimination and data protection. Currently, Prof. Pärli is providing guidance to a number of PhD students and his team further consists of a number of research assistants that all work on specific topics within the scope of research areas. Ongoing projects focus on employment under social law conditions and its legal framework, distribution and regulation (thirdlabourmarket.ch). Professor Pärli further presides the Swiss Section of the “International Society of Labour and Social Security Law” that has been established in 2017 .