Biletta, Isabella

Employment relations remain defined vis-à-vis the standard employment relationship (permanent, full-time, direct). Fixed-term contracts are therefore understood as non-standard employment contracts by which an employer hires an employee for a fixed duration. The main difference between permanent and fixed-term contracts is the certainty, in the latter employment situation, of the expiry date.

Regulated at European level, the posting of workers is a practice used between companies located in different countries A worker is posted when their original employer sends them to work, for a temporary period, in another company. Posting has been defined as a specific form of labour mobility within the EU.

Among the fraudulent contracting of work practices, one of the most difficult to identify is the creation of sham companies (usually, in another country). Sham companies are essentially new entities created to disguise the real employer. Creating a company, even abroad, is – of course – legal and may well be institutionally and economically advisable.

A traineeship is generally defined as an education and training programme combined with work experience, devised for certain groups – usually unemployed young people. Various types of traineeship are found across EU Member States. Traineeships have recently been actively promoted by the European Commission as a political response to persistent high youth unemployment rates – for instance, within the Youth Guarantee initiatives developed in most Member States.

Across European countries, the ‘employment contract’ has been, and still is, the point of reference for determining the rights and obligations of both workers and employers. When direct subordinated employment is disguised as self-employment, it is termed ‘bogus’. Work can be contracted in several different ways. The main distinction remains the one between ‘employment’ and ‘self-employment’: this is a prominent feature in all European legal systems, built around the concepts of ‘subordination’ and ‘autonomy’.

This EurWORK topical update summarises the views of European and national-level stakeholders on recent debates on implementing the principle of ‘equal pay’ for posted workers. Directive 96/71/EC foresees that posted workers must be granted the minimum standards of employment conditions applicable in the host country, including the minimum rates of pay.

Low-wage jobs have been a focus of debate in six countries across Europe during 2016. However, the issues discussed have reflected differing national concerns. For some countries, the key issue is the integration of migrants into the labour market; for others, how to stimulate job creation and reduce unemployment.

This EurWORK topical update considers how EU Member States have dealt with transposing Directive 2014/67/EU to improve enforcement of European regulations as regards the posting of workers. The situation at mid-2016 is analysed, based on contributions and updates from Eurofound’s network of European correspondents from June 2016 onwards.

Well-functioning social dialogue is a key component for the successful design and implementation of reforms needed to increase the competitiveness of Europe’s economies and create more jobs. It balances workers’ and employers’ interests and contributes to both economic competitiveness and social cohesion.

Social dialogue still matters in Europe. Recent EU-level policy debates have highlighted that, particularly since the 2008 crisis, the emergence of new debates on social justice, democracy, the quality of work and new models for labour relations have been challenging traditional industrial relations and social dialogue systems. The main objective of this comparative study is to gather information on how social partners in the EU28 and Norway have responded to the many new political, legal and social challenges that have arisen in recent years.