La expatriación de personas trabajadoras según las normas del derecho de la Unión Europea y el derecho español

Abstract

Although labour migrations are not a manifestation of globalisation, it has indeed had an impact on the rise of this phenomenon and the emergence of various forms of transnational service provision. International mobility can take various forms to meet businesses needs. However, not all mobility forms have legal recognition, nor do all of their characteristics have legal relevance. Considering the reforms that Spanish and European labour laws have undergone in the last decade, this work provides an updated study of the international mobility of workers. After evaluating the postulates of Spanish scientific doctrine, expatriation is characterised as the employment mobility of a worker. When the labour is temporarily provided abroad, it creates a situation that requires the application of a distinct legal framework to the employment relationship. Based on this premise, this work offers an analysis of its treatment under the Spanish labour law from the perspective of its regulatory sources, the legal figures used in practice for its implementation, and the diverse difficulties they raise. Since the temporary provision of services abroad implies that the employment relationship is governed by a set of rules different from those that originally regulated it, this work examines the rules of judicial jurisdiction applicable to potential conflicts that may arise during expatriation; the determination of the legislation applicable to this phenomenon is also examined. In addition, the Directive 96/71/EC is studied as the regulatory standard governing the legal framework applicable to expatriated workers within the European Union and the European Economic Area, and the foreign laws applicable to the employment relationship are thoroughly identified. For the expatriations to non-EU destinations case, the extraterritorial application of Spanish legislation is analysed, along with the solutions proposed by scientific doctrine. The study concludes, from the perspective of Spanish labour law, by analysing the various causes conducive to the expatriation episode termination, and examining some situations that may arise after the worker's return to Spain.

Date of Award	19 Dec 2023
Original language	Spanish
Awarding Institution	Universitat Autònima de Barcelona
Supervisor	Alberto Pastor Martinez (Director)