A "posted worker" is an employee sent by their employer to carry out a service in another EU Member State on a temporary basis. Posting of workers 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:
- 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.
Ongoing activities
In the area of Posting of workers ELA is currently engaged on two wide ranges of activities where several actions are being planned:
- Posting of workers in the construction sector 2023/2024: specific activities to address the key issues in the construction sector are planned for 2023 and 2024, covering information, enforcement and cooperation activities.
- Posting 360: multi-annual mutual learning and understanding programme that aims to improve the exchange of information, enhance administrative cooperation and increase knowledge about EU and national rules as regards the posting of workers.
Timeline
2024
October
2024
July
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 | Report2023
March
Launch of the Posting 360 Programme | News
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
EU Legal Framework
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:
- Posting of Workers Directive (Directive 96/71/EC)
- Enforcement Directive 2014/67/EU
- Revised Posting of Workers Directive (Directive EU 2018/957)
Specific rules are laid down for posting of drivers in the road transport sector.
ELA's role and tasks
ELA's primary objective in the area of posting of workers is to improve enforcement of existing rules.
To achieve this, ELA has set more detailed objectives to enhance accessibility, availability, and understanding of information about posting of workers. Additionally, ELA aims 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:
- 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.
Contacts
ELA
- infoela [dot] europa [dot] eu (subject: Posting%20of%20workers) (Send a query on Posting of workers)
Social partners at European level
Related news
Posting of workers
Upcoming events
Posting of workers
See also
- For workers: employment rights and working conditions for posted workers | European Commission
- For workers: which rules apply to you? | Employment, Social Affairs & Inclusion - European Commission
- For workers: posting of workers | YourEurope Portal
- For employers: posting staff abroad | YourEurope Portal
- Practical guide on posting | Publications Office of the EU
- Practical guide on the applicable legislation | Pubblications Office of the EU