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Labour intermediaries play a vital role in facilitating intra-EU labour mobility. In some Member States, temporary employment agencies account for up to 10% or more of incoming posted workers, according to the aggregated information on issued PDA1 forms. In 2024, around 32,000 registered temporary employment agencies operated across the EU, employing approximately 3.3 million people. Previous concerted and joint inspections (CJIs) supported by ELA have shown that labour intermediaries are frequently involved in cases of non-compliance with labour mobility and social security rules.
During this Week of Action labour inspectors and other enforcement officers from Belgium, Bulgaria, Cyprus, Czechia, Germany, Ireland, Italy, Latvia, Lithuania, Malta, Netherlands, Poland, Portugal and Romania targeted labour intermediaries and their user undertakings.
The companies inspected were selected based on elevated risk factors as well as complaints received about possible fraudulent temporary work agencies. One case followed a previous joint inspection at a roadside check, which had identified a potentially illegally operating temporary work agency.
The main infringements concerned compliance with minimum requirements for temporary employment agencies in both sending and receiving Member States; correct remuneration; correct inclusion of allowances in social contributions and their taxation; the genuine nature of posting situations; undeclared work and illegal employment of third country nationals; working conditions for mobile workers; equal treatment as well as access to collective facilities and vocational training.
Investigations will continue further especially when examining complex chains of labour intermediaries and subcontractors present at many of the CJIs, with inspectors seeking to clarify the liability of the employers involved. Further checks will examine posting arrangements, including cases where temporary employment agencies may have operated without providing local services in their country of establishment, raising doubts about whether they meet the substantial activity requirement.
Key figures