Mr Vamos ALAPLAIA is a jobless Spanish citizen who decides to try to find a job in Austria where his cousins could help as they settled in Innsbruck city (Tyrol- Austria) 20 years ago.
After a month in Austria, he could not found a job but was already missing his Mexican wife.
Could he ask her to join him? On which legal grounds? Are there any conditions? After 3 months in Austria, he still could not found a job.
Could he still remain in Austria legally? On which legal grounds? Are there any conditions?
After 4 months he finally got a job as building constructor in an Austrian company “TYROLTRACTOR”.
TYROLTRACTOR signed a contract with “LUXTRACTOR” a Luxembourg company to participate in the construction of a building in Luxembourg and for this purpose Mr ALAPLAIA has been detached with 5 other workers for six months from Austria to LUXEMBOURG.
According to LUXTRACTOR, under Luxembourg law, it is necessary to appoint a resident representative in order to keep documents that may be subject to control by the competent local authorities.
- Should EU law on the posting of workers be applicable?
- Does the need of a resident representative according to local legislation
comply with freedom to provide services? - Which social security system is applicable for Mr ALAPLAIA?
Justify and explain any of the answer.
The student should submit a total of 3 to 5 pages maximum.
Sample Solution
