Posting of workers

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:  

• accessibility and availability of information on applicable rules,  for companies and citizens
• complex mobility patterns (such as subcontracting schemes, letterbox companies, and bogus self-employment),  
• cases of non-compliance with legislation, and  
• need for improved cooperation among Member State authorities. 

A growing phenomenon within labour mobility is the posting of workers who are third-country nationals. 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. 

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: 

• Information: ELA provides information to workers, employers, national authorities, social partners and other relevant stakeholders about the rules and obligations related to the posting of workers, including information and awareness raising campaigns. 
• Cooperation and coordination: ELA facilitates cooperation and coordination among the national authorities of EU member states. It promotes the exchange of information, best practices, and experiences to ensure a consistent application of the rules on posting of workers.  
• Enforcement: ELA supports the enforcement of the rules on posting of workers and facilitates joint and concerted inspections (CJIs). It assists national authorities to monitor compliance with the applicable regulations and ensures that workers' rights are protected.  
• Capacity building: ELA supports capacity building among national authorities and social partners to enhance their knowledge and expertise in dealing with the posting of workers. This includes providing trainings, workshops, and other forms of support to improve the enforcement and implementation of the rules at the national level. 

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.