Reform of the Posting of Workers Regime – An Assessment of the Practical Impact on Unfree Labour Relations

Tonia A. Novitz · Rutvica Andrijasevic

25 citations0/0 files storedJCMS Journal of Common Market Studies

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European Law and Migration Labor Law and Work Dynamics Legal and Labor Studies

Abstract

Abstract The 2018 Amending Directive is the most recent response to the failings of the European Union (EU) legal framework for the posting of workers. This article uses an original case study of workers posted from Serbia via Hungary to Slovakia as a basis on which to assess the practical impact of this latest Directive. We recognize the capacity for EU Member States to do more to protect posted workers than was possible previously. However, we also note significant regulatory omissions relating, in particular, to the manufactured uncertainty of employment and immigration status, limited supply chain regulation and obstacles to trade union representation. We identify the need to address in greater detail the complex operations of transnational temporary work agencies involving third country nationals which can produce legal uncertainty and foster unfree labour relations.

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References

2010Migration, immigration controls and the fashioning of precarious workers 2013‘Labour Chains’: Analysing the Role of Labour Contractors in Global Production Networks 2016Temporary migration, precarious employment and unfree labour relations: Exploring the ‘continuum of exploitation’ in Canada’s Temporary Foreign Worker Program 2015Modern Slavery 2008One Step Forward, Two Steps Back? The Viking and Laval Cases in the ECJ 2015The relationship between primary and secondary law in the EU 2011In Search of Cheap Labour in Europe: Working and Living Conditions of Posted Workers 2014Hyper-mobile migrant workers and Dutch trade union representation strategies at the Eemshaven construction sites

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