European Labour Authority
ELA

Cooperation on the posting of Third-Country Nationals: ELA releases a new report

The report provides practitioners from the Member States, the social partners and experts with a better understanding of the EU rules, challenges in the application of the legislation and enhancement of cross-border cooperation in relation to the posting of third-country nationals.
posted worker

The Report on the Cooperation Practices, Possibilities and Challenges between Member States, Specifically in Relation to the Posting of Third-Country National examines three main sections related to practices and challenges between Member States’ competent authorities in the posting of third-country nationals (TCN):

  1. Legal framework applicable to posting of third-country nationals
  2. Enforcement of the rules on the posting of third country nationals
  3. Overview of labour mobility flows of posted TCN workers in the EU and among Member States

The report provides operational conclusions on how to address the main issues:

  • To develop guidelines for Member States to support the correct application of EU law.
  • To develop an information tool and a practical handbook for competent authorities on the enforcement of the applicable rules on posting of workers;
  • To support the regular exchange of information between the competent authorities of the Member States (inc. on immigration authorities where need be)
  • To make better use of the Internal Market Information System - IMI, and the promotion of good practices on the use of digital tools for the exchange of information.
  • To promote the exchange of information and good practices between MS
  • To provide specific training, staff exchanges and secondment schemes for competent staff in national authorities; and exploit to the full the potential offered by ELA for concerted or joint inspections at cross-border level.

Posting of third-country national worker: facts and figures of a growing phenomenon

The posting of TCN is a growing phenomenon of labour mobility alongside the traditional avenues of migration to and between EU Member States.

While data are still limited, the figures contained in the report indicate an upward trend for most countries: Austria, Belgium, Germany, and the Netherlands are the main receiving countries of posted TCN workers, whereas Poland, Slovenia, and Spain are among the main sending countries. Ukraine and Bosnia and Herzegovina have the highest numbers of nationals posted within the EU, followed by Serbia and Belarus.

Third-country national posted workers in the EU work most within the construction, (road freight) transport, and agriculture sectors, while the main corridors between Member States for posted third-country nationals are: Ukrainian and Belarusian workers are posted from Poland and Lithuania, and Bosnian workers are posted from Slovenia. Most of these posted workers go to western European countries, such as Austria, Belgium, France, and the Netherlands.

Posting of workers and ELA Posting 360 Programme

Posting of workers remains one of the key priorities of ELA and lies in the centre of the recently launched Posting 360 Mutual Learning and Understanding Programme. This multi-annual programme focuses on improving the exchange of information, enhancing administrative cooperation and increasing knowledge on EU and national rules on the posting of workers.

Following the publication of the report, the Authority will organise a specialised workshop and other cooperation activities in relation to the posting of third-country nationals within the framework of the Posting 360 Programme.

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