@article{ba949963-376a-4100-baab-2ce0419db909,
author = {Ewelina Kumor-Jezierska, Jakub Grygutis },
title = {Criminal liability for lack of payment of remuneration for posted worker},
journal = {Studies on Labour Law and Social Policy},
volume = {Volume 27 (2020)},
number = {Volume 27 Issue 2},
year = {2020},
issn = {1429-9585},
pages = {147-158},keywords = {posting workers; remuneration; misdemeanours; sending employer},
abstract = {Criminal liability for lack of payment of remuneration for posted worker

	This article deals with the misdemeanour liability which may be imposed in the event of a lack of payment of a remuneration to a posting worker when a due amount of money for such a remuneration is regulated by a Member Stater other than Poland. The authors analyse the aforementioned problem from the perspective of the Polish misdemeanour law. Having done so, the authors have perceived two problems: lex loci of an act and availability of an interpretation of a legal penalizing norm stemming from the EU directive. The former problem was solved by accepting the proposition that lex loci for a negligent default of payment of a remuneration by an employer of a posting worker is always the country of her principal office which in practise is always the country from which a posting worker is being posted. The latter, by accepting the proposition that a regulation on remuneration for posting workers, which is a body of law of a foreign country, should be deemed as comprising of overriding mandatory provisions, in turn those provisions may be used to interpret a legal norm encompassed with a misdemeanour sanction because those overriding mandatory provisions have theirs base in the EU law that is part the Polish legal system. 

	ASJC: 3308, JEL: J53

	* Niniejszy artykuł w zakresie współautorstwa Jakuba Grygutisa powstał w ramach projektu badawczego pod nazwą „Diamentowy Grant”, sfinansowanego ze środków budżetowych na naukę w latach 2017–2020, nr projektu: 321691. },
doi = {10.4467/25444654SPP.20.014.11952},
url = {https://ejournals.eu/en/journal/szppips/article/sankcja-karna-za-niewyplacenie-wynagrodzenia-za-prace-pracownikowi-delegowanemu}
}