Contractual chains and recruitment patterns of posted third-country nationals

The study analyses the experience of posted TCN workers in selected case study countries – Poland, Portugal and Slovenia – and during their posting assignments to other EU Member States. It is an operational study analysing the contracting chains by mapping public and private actors and labour market intermediaries involved in the posting supply chain with an objective to provide information that allows better targeting of operational activities for both ELA and our stakeholders.   

During the fieldwork in-depth interviews were conducted with posted TCN workers from Ukraine, Brazil and Portugal, and national enforcement authorities and social partner organisations in the case study countries. 

Main findings: 

• Posting is just one aspect of TCN workers' journey in the European labour market. To appreciate its drivers, the situation of workers involved, and the actual enforcement challenges, posting should be viewed in the broader context of the overall worker experience and circumstances, including their working situation in the sending country, preference for the residency country, and the length of the posting assignment, as well as their working conditions and remuneration during assignments.
• workers across various sectors report similar challenges, such as under-payment of wages, complaints about working time and annual leave. A common concern characteristic specifically for posted TCN workers is the uncertainty surrounding visas and work or residence permits both in their entry Member State as well as in the Member State where they work during posting. Despite some sector-specific exceptions (like accommodation issues in road transport and care sectors),
• Effective enforcement requires close cooperation within and across borders, but this alone is not enough. Focusing on TCNs, the findings highlight general problems associated with non-genuine posting.  Although many irregularities and issues reported are not specific to posting of TCNs, the latter are particularly vulnerable as they face barriers in access to information and they are less likely to report problems to authorities.
• Therefore, addressing challenges related to individual and institutional resources (knowledge, financial, human resources) is also crucial for closing enforcement gaps and protecting TCN posted workers' rights.