L' avenir du droit du travail: perspectives internationale et comparée
In: À la croisée des droits 25
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In: À la croisée des droits 25
In: Maastricht journal of European and comparative law: MJ, Band 24, Heft 1, S. 108-126
ISSN: 2399-5548
Few national laws or collective agreements provide specific rules determining the elements of the minimum rates of pay due to posted workers. As a consequence, there is confusion between the neighbouring expressions of 'minimum wage' (national concept) and 'minimum rates of pay' (EU concept) which countries have a tendency to consider as being equivalent. Furthermore, the distinction between two key questions – on the one side, the establishment of the components of the minimum rates of pay of the host country and, on the other side, the sums paid by the sending employer that can be compared to the minimum rates of pay of the host country – is not always made by countries. The aim of this article is to analyse how the targeted countries and sectors concretely define the components of the minimum rates of pay and then to focus, as a useful example for other countries, on the rules applicable in French law.