Posting of workers | DEMO
This is a page that describe the ELA topic: Posting workers
Posting of workers in the European Union means temporary employment of workers from one EU member state in another member state. It is based on the principle of freedom of movement of services within the EU.
Approximately 3.6 million postings involving around 2.6 million workers are estimated in the EU. Remarkably, 1.2 million workers are active in two or more Member States, highlighting the extensive nature of labour mobility in the European Union.
The main sectors for posted workers include construction, manufacturing, transport (road/freight), warehousing, financial, professional, scientific, and administrative activities, as well as human health and social work activities.
Implementation and enforcement of legislation on the posting of workers face several challenges:
A growing phenomenon within labour mobility is the posting of third-country national workers. These workers are particularly vulnerable due to their dependence on employers for the renewal of work and residence permits. Third-country national posted workers are at a higher risk of encountering abusive practices, breach of labour rights and employment conditions, and irregular payment of social contributions. ELA considers it important to focus on posting of third-country nationals within the EU labour market.
ELA's primary objective in the area of posting of workers is to improve enforcement of existing rules.
To achieve this, we have set more detailed objectives to enhance accessibility, availability, and understanding of information about posting of workers. Additionally, we aim to improve cross-border enforcement by providing data-driven insights into posting patterns and enhancing the efficiency of administrative cooperation between Member State authorities.
At the European Labour Authority, we are committed to ensure fair treatment, to protect workers' rights, and to promote harmonious labour mobility in the posting context. By addressing the challenges and information gaps, we strive to create a more transparent and compliant environment for both employers and workers across the European Union.
The role of ELA in the posting of workers includes:
Overall, the European Labour Authority plays a crucial role in ensuring the effective enforcement of rules related to the posting of workers. It aims to protect the rights of posted workers, promote fair competition, and facilitate cooperation among EU member states to address any challenges or issues
In the area of Posting of workers ELA is currently engaged on two wide ranges of activities where several actions are being planned:
2023
July
Leaflet on Posted Workers in the Construction Sector.
2023
April
ELA Report on the Cooperation Practices, Possibilities and Challenges between Member States, Specifically in Relation to the Posting of Third-Country Nationals
News | Report
2023
March
Thematic meeting on posting of workers of the Working Group on Information
Launch of the Posting 360 Programme | News
2022
October
Multinational event on posting of workers
Thematic meeting on posting or workers of the Working Group on Information
2022
June
Launch of the IMI mutual learning programme, established in close cooperation with the European Commission to reinforce cooperation and mutual assistance between Member States by stimulating a more robust and effective use of the Internal Market Information
News | IMI Prove
2022
March
Thematic meeting on posting of workers of the Working Group on Information.
2021
November
Workshop with the National Liaison Offices on the posting of workers.
Posting of workers is governed by various legal frameworks, including national laws, EU directives and bilateral agreements between countries. These frameworks aim to ensure that posted workers are protected and receive fair treatment, for example in terms of wages, working conditions, and social security benefits, while also promoting the freedom to provide services across borders.
Relevant EU legislation:
Revised Posting of Workers Directive (Directive EU 2018/957)
Specific rules are laid down for posting of drivers in the road transport sector
Videos, pictures, highlights of the day
Several companies and dozens of posted workers were inspected by enforcement officers of the Labour and Social Security Inspectorates northwest Spain.