ELA study reveals significant challenges for posted third-country nationals (TCNs) in the EU

The European Labour Authority has released a new study analysing the experiences of third-country nationals (TCNs) posted in the EU, focusing on Poland, Portugal, and Slovenia as case study countries. The research maps contracting chains, recruitment patterns, and enforcement challenges, providing insights to help ELA and stakeholders better target operational activities.   

The study is based on in-depth interviews with posted TCN workers from Ukraine, Brazil, and Bosnia and Herzegovina, as well as national enforcement authorities, social partners and other stakeholders.    

Findings show that posting is only one part of a worker’s journey, influenced by working conditions in the sending country, residence preferences,  assignment duration and other factors.   

Main highlights:  

• Common challenges across sectors – Posted TCN workers across various industries report wage underpayment, excessive working hours, and limited access to annual leave. Some sector-specific issues were also observed, particularly in the road transport and care sectors, where workers face accommodation difficulties and additional employment uncertainties.
• Uncertainties regarding visa and work permit  –  one of the most pressing concerns, specific to posted TCN workers, is the lack of clarity surrounding visas and residence permits. Many report bureaucratic hurdles and uncertainty during their  posting, leading to job insecurity and legal vulnerability.
• Enforcement challenges and the role of cooperation – Effective enforcement requires strong collaboration within and across borders, yet gaps in institutional knowledge, financial resources, and human capacity often hinder enforcement efforts. The findings highlight general issues with non-genuine posting and monitoring of letterbox companies.  While many irregularities reported are not specific to posted TCNs, they are particularly vulnerable due to barriers in accessing information and lower likelihood of reporting problems to authorities.
• The study stresses that better coordination among enforcement authorities and social partners is essential to protecting workers’ rights. 

ELA remains committed to supporting targeted inspections and strengthening collaboration between national authorities and social partners to improve protection of posted TCN workers.