Legal Framework For Crossborder Employment Of Health Care Personal From Poland in Germany

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Even before the 1st May, 2011, when the free movement of workers was extended to the new Eastern-EU states, approximately about 100.000 persons from theses states were employed illegally in health-care jobs in Germany. Even today the framework of employment law and social security law regulating the working conditions of these people is not clearly defined and in parts vague. There has been no serious legal research on this subject until now. Resulting from the common border and the hefty pay gap health-care personnel from Poland was placed in Germany in increasing numbers recently. It is an abuse of the European free movement of workers if European and national worker protection rights are circumvented with the help of cross border employment contracts. Under Art 31 Charter of Fundamental Rights the member states have to guarantee decent working conditions; i.e. maximum working hours have to be guaranteed. Especially worker protection rights must be guarded against abuse through fake service contracts or self-employment. Research covering the legal framework of cross-border employment in the health service sector is important as the possibilities of long term abuse are evident. These workers are rarely organized and almost never take to litigation so that few cases concerning their working conditions are ever decided.