As a final point, for the purposes of understanding modalities to better address injustices experienced by migrant workers, it is also relevant to look at the legislation adopted to discipline working conditions of posted workers in European Member States, as, to an extent, parallels may be drawn in the necessity to create an overarching harmonised system that ensures migrant workers’ protection across borders. Posted workers are individuals who are “sent by his [or her] employer to carry out a service in another EU Member State on a temporary basis, in the context of a contract of services, an intra-group posting or a hiring out through a temporary agency.”18 In 1996 the European Union adopted a first Directive (96/71/EC), aimed at protecting the rights and working conditions of posted workers across all Member States as well as avoiding companies’ use of cheaper labour to increase their profits. 19 According to Directive 2014/67/EU on the enforcement of the Posted Workers Directive, host states have a particular responsibility in ensuring workers’ rights protection and the existence of health and safety compliant conditions. All states, however, are responsible for the creation of effective justice mechanisms that enable posted workers to file claims against their employers in case they suffered wrongdoings, regardless of whether the employment relationship has ended or not. In particular, states have a duty to ensure that posted workers receive any outstanding net remuneration as well as “back-payments or refund taxes or social security contributions [or any other cost] unduly withheld from their salaries.”20 Failure to comply with the rules on posted workers will result in the cross-border application of penalties on the employer. This means that borders will not prevent employers from being accountable and collaboration among states is key to this end too.21 When movement across borders is granted to workers for employment purposes, states have a responsibility to ensure the respect of individual rights, access to justice and enforcement of decisions. In other words, with the creation of a justice mechanism, regardless of whether in the form of a department in a states’ court, a regional forum or an independent mechanism, borders should be taken down to ensure the effective protection of peoples’ rights. 18 European Commission, Posted Workers <https://ec.europa.eu/social/main.jsp?catId=471> The original Directive 96/71/EC was amended to expand the protection of posted workers’ rights and working conditions by Directive 2018/957 in 2018, which Member States must transpose in their national legislation by July 2020. 20 Directive (EP and EU Council) 2014/67/EU on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) OJ L159/11, art. 11(6) 21 The current system is not flawless when it comes to cross-border enforcement, particularly in the case of sub-contracting. More needs to be done to ensure full chain liability. 19 5