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Posted workers

A posted worker is ‘a person who, for a limited period of time, carries out his or her work in the territory of an EU Member State other than the state in which he or she normally works’. Posting situations raise the issue of the regulation applicable to the employment and working conditions of posted workers.

Topic

Recent updates

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The debate about the posting of workers in the EU, its economic and social consequences, and ways to manage it is hampered by the fact that reliable, comparable data on...

20 januari 2020
Publication
Customised report

Policy pointers

  • Assessing the number of posted workers across the EU member states remains particularly challenging and only estimates are currently available at European level. Delimiting the phenomenon is the first issue, as posted workers are defined differently depending on regulations. 
  • Two different application/declaration processes can potentially provide information on posting situations, but each has different objectives and covers different issues. The Portable Document A1 (PD A1) certifies affiliation to the social security system of the sending Member State. Member States may impose an obligation for a foreign service provider to make a declaration to the competent institutions in the host Member State, mainly considering employment aspects. 
  • Very different information is collected in each country, leading to difficulties in comparing data and efficiently monitoring cross-border posting. Moreover, sanctions are not consistently applied.
  • Cross-border exchange of information is also tackled very differently, given the important margin of discretion granted to Member States in the design of the system of declaring posted workers and issuing of the PD A1 form. 
  • Improving data sources to allow for the monitoring of posting is needed to ensure that businesses are competing fairly across Europe and that the labour and social rights of posted workers are recognised. A comprehensive monitoring tool would also be useful to help Member States ensure that they get their dues in social security contributions and taxes, as well as to combat abuse.

Eurofound research

Eurofound’s research on this topic has looked at the situation of posted workers in the European Union and the implementation of the Posted Workers Directive across the Member States. 

Improving data collection

Given the lack of reliable, comparable data on the phenomenon, a study by Eurofound looks at ways to improve the monitoring of the situation facing posted workers in the EU. It maps existing information sources at the European and Member State levels, and identifies gaps in, and limitations of, data currently available, with suggestions for improving data collection. 

Development of the posting of workers

Earlier research on posted workers in the European Union examines the development of the posting of workers. It assesses the roles played both by European and national-level regulations on the employment and working conditions of posted workers, as well as the roles played by collective bargaining and social partner initiatives in the field.

Issues of policy concern

Long-standing and current discussions about the posting of workers raise several key issues around, among others topics, remuneration of posted workers, abuse of posting, the relevance of subcontracting liability, as well as availability of data around the topic.

Research has looked into the pay inequalities experienced by posted workers and the discussions around the minimum standards of employment, including the minimum rates of pay definition. It summarises the views of European and national-level stakeholders on recent debates on implementing the principle of equal pay for posted workers.

With the main objective of Directive 96/71 being to ensure freedom of services across Europe while safeguarding workers’ rights, ensuring a level playing field has become key for businesses and workers, to avoid unfair competition and social dumping. Abusing the posting of workers is part of the practices studied in Eurofound’s research on the fraudulent contracting of work. This issue is particularly discussed in view of regulations and the positions of the social partners in three countries – Belgium, Finland and Italy – and across the three sectors of construction, transport and industrial cleaning.

Given the role played by subcontracting in various sectors and in the context of posting of workers, research has also looked at national regulations on liability in subcontracting processes in the construction sector.

Key outputs

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The debate about the posting of workers in the EU, its economic and social consequences, and ways to manage it is hampered by the fact that reliable, comparable data on...

20 januari 2020
Publication
Customised report
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This report examines the extent of the phenomenon of the posting of workers, the roles played both by European and national-level legislation in determining the employment and working conditions of...

7 oktober 2010
Publication
Research report

EU context

European legislation on the posting of workers aims to ensure freedom of services across Europe, while guaranteeing the rights of posted workers. These rights have to be protected throughout the EU, to avoid ‘social dumping’. For this purpose, the Posting of Workers Directive (96/71/EC) stipulates a mandatory core set of terms and conditions of employment to be applied to the posted workers. These include the minimum standards of employment applicable according to the host Member State regulations and regarding: pay, work and rest periods, paid annual leave, health and safety at work, hiring out workers through temporary work agencies, and equal treatment between men and women. The more recent Enforcement Directive (2014/67/EU) provides for new and strengthened instruments to fight and sanction circumventions, fraud and abuses.

Given the developments in labour markets across Europe, discussions have taken place on adapting the regulation to current situations regarding the posting of workers. On 8 March 2016, the European Commission proposed to revise the Directive on the posting of workers with the aim to better balance the protection of workers’ rights and the provision of cross-border services within the context of fair competition. Negotiations on the revised proposal took place between the Council and the European Parliament and resulted in the publication of Directive (EU) 2018/957 on 28 June 2018. The revision introduced changes in three main areas: work and employment conditions, including in situations of subcontracting; regulation of temporary agency work; and rules on long-term postings.

Eurofound’s work on posted workers links in with the Commission’s 2019–2024 priority on a new push for European democracy. 

 

 

European Industrial Relations Dictionary 

Publications results (11)

The debate about the posting of workers in the EU, its economic and social consequences, and ways to manage it is hampered by the fact that reliable, comparable data on the phenomenon are lacking. Accurate statistics on the number of posted workers, their characteristics and working conditions are s

20 January 2020

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

27 July 2017

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

18 July 2017

The fraudulent contracting of work is an important issue in many European countries today. EU and national policymakers have turned their attention to violations of the basic protection provided by employment law and collective bargaining that are linked to the fraudulent use of certain employment

21 November 2016

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

18 October 2016

Following the British referendum on 23 June, in which 51.9% of people voted to leave the European Union, social partners across most European countries have commented on the impact that the British exit will have on their countries or members. This topical update summarises their first reactions, in

27 July 2016

The German national statutory minimum wage for international truck drivers has caused considerable controversy. Some Member States fear it will damage the competitiveness of companies sending drivers to destinations via Germany. However, it is important to find a balance between promoting the free

16 June 2016

This article presents some of the key developments and research findings on EU-level developments in industrial relations and working conditions during the third quarter of 2014. The new European Commission and its priorities, issues around working time and gender equality are the main focus of this

18 February 2015

This article presents some of the key developments and research findings on EU-level developments in industrial relations and working conditions during the second quarter of 2014. European Parliament decisions and debates, developments regarding health at work and e-health, and the Youth Employment

18 February 2015

This report examines the extent of the phenomenon of the posting of workers, the roles played both by European and national-level legislation in determining the employment and working conditions of posted workers and the roles played by legislation and collective bargaining – and how these two

07 October 2010

Online resources results (27)

France: latest working life developments Q2 2018

The adoption of labour market reforms, strikes in the transport sector and new leadership among the social partners are the main topics of interest in this article. This country update reports on the latest developments in working life in France in the second quarter of 2018.

Sweden: The repeal of Lex Laval

The controversial Lex Laval amendment to Swedish law has been repealed. The 2010 measure significantly restricted unions’ ability to take industrial action against international companies who deny their posted workers parity with Swedish working conditions. Unions have welcomed this, but employer

Denmark: Private sector collective agreements concluded – despite difficulties

Collective agreements concluded in March in the private sector provided for small wage increases and improvements to education and training. However, many union members voted against an agreement about systematic overtime and measures to avoid social dumping. The deals follow the pace-setting

Austria: Updated law against wage and social dumping comes into force

On 1 January 2017, Austria enacted a new law against wage and social dumping, updating (for the second time since 2015) regulations which first came into force in 2011. The law features the concept of customer liability and improves aspects of cross-border administrative prosecutions. However, its

Czech Republic: Latest working life developments – Q1 2017

Employers requesting government help in hiring foreign labour, plus government attempts to deal with the fourth industrial revolution and the digitalisation of the economy, are the main topics of interest in this article. This country update reports on the latest developments in working life in the

Austria: Latest working life developments – Q1 2017

New legislation regarding social and wage dumping, qualification and childcare benefits, the federal government’s work programme and an increase in members for the Austrian Trade Union Federation are the main topics of interest in this article. This country update reports on the latest developments

Norway: Solution to long-standing dispute on coverage of posted workers expected soon

A dispute over whether posted workers in the Norwegian shipbuilding industry are covered by the industry’s collective agreement has been a major issue between the social partners for the past 10 years. At this juncture, the government is confident the two sides will come to an agreement soon.

Germany: Compromise struck on new temporary agency work legislation

A revised bill on temporary agency work and service work, set to be passed by the German Federal Government in early March 2016, was finally passed by Parliament in October and awaits approval by the Federal Council. It contains limitations on the use of temporary agency work, but also provides room

Romania: Latest working life developments - Q3 2016

Protests and strikes, the transposition of European directives on labour relations, a wage policy to encourage some workers and attempts to improve some public sector salaries are the main topics of interest in this article. This country update reports on the latest developments in working life in

Estonia: Latest working life developments - Q3 2016

A new three-year sectoral collective agreement for bus drivers, concerns about transposition of the Enforcement Directive, and social policy reforms are the main topics of interest in this article. This country update reports on the latest developments in working life in Estonia in the third quarter


Blogs results (3)
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The European Platform Tackling Undeclared Work last year documented the case of a Dutch temporary work agency that hired workers of various nationalities to work for a construction company in Belgium. The wages were suspiciously low, and the Belgian Labour Inspectorate believed that EU law

17 juli 2019
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Research Manager Isabella Biletta looks at fraudulent practices in the contracting of work. Such practices involve the abuse of legitimate employment relationships with the aim of sidestepping labour and social regulations and with the effect of undermining workers’ rights and fair competition in

1 juni 2018
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Eurofound has been doing extensive work on the issues of mobility and migration. This blog gives a brief overview of the different aspects of EU mobile workers, posted workers and third-country migration, as well as a preview of our upcoming research.

11 december 2015

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