La proteccion transnacional de los derechos laborales en materia de seguridad y salud: una asimetria comunitaria y sus remiendos institucionales

Abstract

In spite of the existence of an European legislation in the matter of security and health at work for all the Member States, and although the posting of workers within the framework of a transnational provision of services counts on a consolidated regulation, nevertheless, it is possible to distinguish a gray zone in the regulation of the protection of labour rights in the matter of security and health. In such a way that, independent of substantive issues referred to the enterprise obligations in this matter, it is observed that there is a clear asymmetry between the European and national regulation, and its last effectiveness through - nonexistent today- coercive mechanisms.