Study supporting the Monitoring of the Posting of Workers Directive 2018/957/EU and of the Enforcement Directive 2014/67/EU : the situation of temporary cross-border mobile workers and workers in subcontracting chains. (2024)

Study supporting the Monitoring of the Posting of Workers Directive 2018/957/EU and of the Enforcement Directive 2014/67/EU

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Study supporting the Monitoring of the Posting of Workers Directive 2018/957/EU and of the Enforcement Directive 2014/67/EU : the situation of temporary cross-border mobile workers and workers in subcontracting chains. (4)

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The situation of temporary cross-border mobile workers and workers in subcontracting chains

The situation of temporary cross-border mobile workers and workers in subcontracting chains

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The free movement of workers is one of the cornerstones of the European single market and is enshrined in the European Union (EU) Treaties. Intra-EU labour mobility enhances economic efficiency by enabling the allocation of labour where it is most needed, addressing the challenges of labour shortages and critical skills gaps, as well as supporting industries that require additional workforce during peak seasons. In this way, it helps to mitigate demographic challenges such as ageing populations, thus aiding in sustaining vital sectors like healthcare and caregiving. This study provides key information about the prevalence, drivers and features of different types of temporary cross-border mobility across the EU within specific economic sectors, namely construction, live-in care, meat processing, agriculture and horticulture, and the hotel-tourism-catering sector. Its key focus area is identifying typically problematic aspects related to the working conditions of posted workers and other types of temporary cross-border mobile workers (including, for example, seasonal workers). Crucially therefore, this study does not assess how well temporary cross-border labour mobility functions in the EU in general, nor does it provide an assessment of the national implementation of EU legislation. Rather, it identifies challenges and explores potential additional measures to address these situations and improve the protection of temporary cross-border workers in the EU. The EU has engaged in policy actions related to the protection of the working conditions of temporary cross-border workers for many years. To that end, the Posting of Workers Directive (PWD) (Directive 96/71/EC, amended by Directive 2018/957/EU) as well as the Enforcement Directive (Directive 2014/67/EU) aim to ensure fair working conditions, protect the rights of workers and maintain a level playing field for businesses operating across EU borders. The main objective of the PWD is to guarantee that workers temporarily posted by their employer to another EU member state are provided with a set of core labour rights and conditions equivalent to those applicable in the host country. These rights include, among others, remuneration with all its mandatory elements, maximum working periods, minimum rest periods, and health and safety regulations. The PWD also aims to prevent social dumping, where companies exploit wage differentials and undercut local labour standards. The Enforcement Directive complements the PWD by introducing administrative requirements and control measures, increasing provision of information and enhancing cooperation between Member States to effectively enforce the rules and combat abuses related to the posting of workers.

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    • Angaben zur Veröffentlichung
    • Verbundene Veröffentlichungen
    • Veröffentlicht am:
    • Korporative(r) Verfasser: ECORYS , Generaldirektion Beschäftigung, Soziales und Integration (Europäische Kommission) , HIVA-KU Leuven , Spark Legal and Policy Consulting , wmp consult
    • Persönliche Verfasser: Andriescu, Monica ; Buckingham, Sophie ; Broughton, Andrea ; De Wispelaere, Frederic ; De Smedt, Lynn ; Gascon, Oriana ; Ongono Pomme, Alexandra ; Voss, Eckhard ; Vitols, Katrin
    • Themen: Arbeitsmarkt – Freizügigkeit der Arbeitnehmer , Justiz und Inneres
    • Thema: Anwendung des Gesetzes , Arbeitsrecht , Binnenmarkt , Freizügigkeit der Arbeitnehmer , Grenzgänger , grenzüberschreitende Wanderung , Mangel an Arbeitskräften , Mobilität der Arbeitskräfte , Richtlinie (EU) , Weitervergabe an Nachunternehmer , Zeitarbeit

    ISBN 978-92-68-14996-6

    DOI 10.2767/531736

    Katalognummer KE-02-24-462-EN-N

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    ISSN ISBN 978-92-68-14996-6 DOI 10.2767/531736 Katalognummer KE-02-24-462-EN-N
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    Study supporting the Monitoring of the Posting of Workers Directive 2018/957/EU and of the Enforcement Directive 2014/67/EU : the situation of temporary cross-border mobile workers and workers in subcontracting chains. (2024)

    FAQs

    What is the EU directive for posting workers? ›

    What is the EU Posted Worker Directive? The Posted Workers Directive (PWD) sets requirements and conditions for employers when sending their employees to a Member State of the European Union* for a limited time to perform a service.

    What is the posted worker directive in France? ›

    The most important new measures that will be applicable in the French law are the following: Posted workers must receive remuneration equal to that of local employees: “For equal pay, equal work». All the rules valid for local workers (seniority, bonus, thirteenth month …) will apply to posted workers.

    What is the EU law enforcement directive? ›

    The Data Protection Law Enforcement Directive

    The directive protects citizens' fundamental right to data protection whenever personal data is used by criminal law enforcement authorities for law enforcement purposes.

    What is Article 45 of the Treaty on the Functioning of the European Union equal treatment for workers? ›

    The principle of free movement of workers is enshrined in Article 45 of the Treaty on the Functioning of the European Union ('TFEU'). This prohibits discrimination based on nationality between workers of the member states as regards employment, remuneration and other conditions of work and employment.

    Is a EU Directive mandatory? ›

    A "directive" is a legislative act that sets out a goal that EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals.

    What professions are regulated by the EU Directive? ›

    The professions who benefit from automatic recognition on the basis of harmonised minimum training requirements under the directive are: nurses, midwives, doctors (basic medical training, general practitioners and specialists), dental practitioners, pharmacists, architects and veterinary surgeons.

    What is the EU postal directive? ›

    The universal service obligation (USO) is the core of the Postal Services Directive (97/67/EC, amended by Directives 2002/39/EC and 2008/6/EC). This is the requirement that letters and parcels should be delivered to each home or business premises, on 5 days each week, throughout each EU country (with exemptions).

    Is it illegal to contact employees after work in France? ›

    That's why the country that's famous for giving its employees 30 days off a year and 16 weeks of full-paid family leave in May 2016 made itself even cooler with its new "right to disconnect" rule. In France, if you're a company of 50 employees or more, you cannot email an employee after typical work hours.

    What are the work regulations in France? ›

    French labor law dictates that the standard workweek in France is 35 hours per week. However, this can vary based on the industry and is subject to any collective bargaining agreements. Anything beyond this is considered overtime and should be compensated as such.

    Who enforces EU directives? ›

    Article 17 of the Treaty on European Union (TEU) states that the European Commission, as the guardian of the EU treaties, has the task of enforcing EU law, by monitoring the application of EU primary and secondary law and ensuring its uniform application throughout the EU.

    What is the EU enforcement regulation? ›

    The EU's Enforcement Regulation enables the EU to enforce international obligations, to which fellow WTO members have agreed, when a trade dispute is blocked despite the EU's efforts to follow dispute settlement procedures in good faith.

    What are EU regulations and EU directives? ›

    Regulations have binding legal force throughout every Member State and enter into force on a set date in all the Member States. Directives lay down certain results that must be achieved but each Member State is free to decide how to transpose directives into national laws.

    What is Article 45 of the EU law? ›

    Article 45 of the Charter of Fundamental Rights of the European Union (the Charter) also provides for freedom of movement and residence. Freedom of movement entails the right to exit and enter Member States with a valid identity card or passport.

    What is Article 44 Treaty EU? ›

    1. Within the framework of the decisions adopted in accordance with Article 43, the Council may entrust the implementation of a task to a group of Member States which are willing and have the necessary capability for such a task.

    Who is a worker under EU law? ›

    The term 'worker' has a meaning in EU law and cannot be subject to national definitions[15] or be interpreted restrictively[16]. It covers any person who undertakes genuine and effective work for which he is paid under the direction of someone else[17].

    What is the European Agency Workers directive? ›

    The Directive's purpose (set out in art. 2) is to ensure the protection of temporary agency workers and to improve the quality of temporary agency work by: applying the principle of equal treatment (see Equal treatment) to temporary agency workers; and recognising temporary work agencies as employers.

    What is the EU advertising directive? ›

    Under the Directive, misleading advertising is defined as any "advertising which in any way, including its presentation, deceives or is likely to deceive the persons to whom it is addressed or whom it reaches and which, by reason of its deceptive nature, is likely to affect their economic behavior or which for those ...

    What is Article 53 EU Directive? ›

    The radio equipment directive 2014/53/EU (RED) establishes a regulatory framework for placing radio equipment on the market. It ensures a single market for radio equipment by setting essential requirements for safety and health, electromagnetic compatibility, and the efficient use of the radio spectrum.

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