Improving The Monitoring Of Posted Workers In The Eu

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 simply not available. This report maps existing information sources at the European and Member State levels, and identifies the gaps in, and the limitations of, data currently available. The report outlines what kind of data would need to be collected to allow for a better monitoring of the situation of posted workers across Europe, as well as how this information could be collected and what kind of analysis would be possible based on these improved data sources.

This book explores how posting is changing industrial relations systems in several European countries from a variety of disciplinary perspectives. It looks at how opportunities to set up shell-companies and engage in unregulated transnational recruitment made a Europe-wide industry out of avoiding regulation and cheating workers.

European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.

Focusing on posting of workers, where workers employed in one country are send to work in another country, this edited volume is at the nexus of industrial relations and European Union studies. The central aim is to understand how the regulatory regime of worker "posting" is driving institutional changes to national industrial relations systems. In the introduction, the editors develop a framework for understanding the relationship of supra-national EU regulation, transnational actors and national industrial relations systems, which we then apply in the empirical chapters. This unique volume brings together scholars from diverse academic fields, all of whom are experts on the topic of "worker posting." The book examines different aspects of the posting debate, including the interactions of actors such as labour inspectorates, trade unions, European legal/political regulators, manpower firms, transnational subcontractors and posted workers. The main objective of this book is to explore the dynamics of institutional change, by showing how trans- and supra-national dynamics affect European industrial relations systems. This volume will represent the "state of the art" in research on worker posting. It will also contribute to debates on European integration, social dumping, labour market dualization and precariousness and will be of value to those with an interest employment relations, law and regulation.

Knjiga zaobjema študije primerov petih držav članic Evropske unije (EU), ki problematizirajo dostop do informacij pri napotovanju delavcev v gradbenem sektorju. Avtorji so identificirali in analizirali prakse in izzive gradbenih podjetij, ki so vpeta v napotovanje delavcev, bodisi kot podjetja, ki napotujejo, torej opravljajo storitve z napotenimi delavci v drugih državah EU ali kot podjetja, ki so uporabniki tovrstnih storitev. Poglavja v knjigi zapolnjujejo vrzel v razumevanju, kako nadnacionalna podjetja, ki opravljajo storitve z napotenimi delavci, ter podjetja, ki jih uporabljajo, dostopajo do informacij in jih uporabljajo v svoji interakciji z nacionalnimi institucijami, in kako to vpliva na njihovo splošno uspešnost v smislu pravilne uporabe pravil o napotovanju ter varstvo delovnih in socialnih standardov. Študije se osredotočajo na poseben primer gradbenega sektorja kot enega glavnih sektorjev napotovanja, v katerem so dejavna večja podjetja in M-S podjetja ter samozaposleni. Posledično ta sektor pokriva veliko raznolikost "podjetij", kar omogoča stratificirano razumevanje izzivov podjetij, ki opravljajo storitve, in podjetij, ki jih naročijo.

Collecting and analysing data on health and safety at the workplace is an essential starting point for setting up priorities and action plans as well as for evaluation of the measures taken. Since 1988 the Foundation has been working on this topic at a European level in order to seek a harmonised approach to the monitoring of working conditions relating to health and safety. A number of European networks and working groups have been established in order to assist the Foundation in this process. On 11-12 November 1992 the Foundation hosted a conference where the work of the networks was being demonstrated to a wide audience. The conference also set the agenda for the future orientation of the work in the field of monitoring health and safety in Europe

This comprehensive second edition Research Handbook discusses a wide range of timely questions and dilemmas ensuing from the present state of European social security law. Presenting a kaleidoscopic concept of social security, a new generation of leading experts identifies future lines of inquiry that are likely to dominate the discourse in the coming years.

This insightful Research Handbook presents a comprehensive overview of the core issues concerning the integration of migration and employment studies, highlighting the interdisciplinary and global perspectives required to understand the complexity of labour migration.

Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.