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Marco Rocca
ORCID: 0000-0003-0756-6616

Marco Rocca, CNRS Researcher at the University of Strasbourg (UMR 7354 DRES), France, and Lecturer in European and International Labour Law (Université de Liege, Belgium). His doctoral research dealt with the re- lationship between posting of workers and collective labour law and has been published in the book ”Posting of Workers and Collective Labour Law: There and Back Again. Between Internal Market and Fundamental Rights” (Intersentia, 2015). He is a member of the MEAT. UP. FFIRE project, financed by the European Commission DG EMPL, studying working cond nd industrial relations in the pork meat sector.

 
DOI: 10.33226/0032-6186.2020.1.2
JEL: K31 (artykuł w języku angielskim)

Due to the increased use of subcontracting and of posted workers in the Belgian labour market, problems regarding correct remuneration of these employees have come under scrutiny. The Belgian authorities are often confronted with situations where these workers do not receive the correct wages by their employer, often a (sub)contractor working for a Belgian company. A joint liability scheme was therefore introduced in 2012 where a client or contractor can be held liable for the correct payment of the wages to the employees of the (sub)contractor when the latter has seriously failed to fulfil their obligation to pay their employees the wages to which they are entitled. This article discusses the liability scheme in theory and in practice, by reviewing its application in the case of a Polish posting undertaking.

Keywords: posting of workers; joint liability; remuneration; Belgium