Peer learning dialogue 2: Implementation, monitoring and enforcement of national liability mechanisms in subcontracting chains

Subcontracting chains across the EU often involve multiple layers of contractors and subcontractors, frequently in cross-border contexts. This can complicate enforcement due to complex subcontracting arrangements and may negatively affect working conditions for workers. Authorities often face challenges in identifying responsible entities, accessing reliable company information, and enforcing sanctions against foreign operators. An effective design and application of subcontracting liability rules are therefore essential to safeguard workers’ rights.

Following the European Commission’s report on the application and implementation of Directive (EU) 2018/957, ELA, together with the European Commission, launched a PLD series on subcontracting liability rules within the framework of the POSTING 360 Programme.

The first PLD meeting took place on 3–4 July 2025, focusing on the effective design of subcontracting liability rules and their implementation.

The second PLD meeting was held on 3–4 July 2026, focusing on the implementation, monitoring, and enforcement of national liability mechanisms in subcontracting chains, including cross-border situations. The meeting brought together 14 national experts from EU and EEA countries (Belgium, Germany, Spain, Finland, Italy, Malta, Portugal, and Norway).

The meeting was facilitated by Prof. Yves Jorens, ELA, and the European Commission, and aimed to foster peer learning and cross-border cooperation in the context of the Posting of Workers Directive.

The initiative seeks to promote mutual learning between Member States, identify effective enforcement practices and obstacles, compare national approaches using case studies, explore potential cross-border cooperation issues, and utilise the findings for a final publication on effective practices, challenges, and recommendations on subcontracting liability enforcement across Member States.