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Study supporting the Monitoring of the Posting of Workers Directive 2018/957/EU and of the Enforcement Directive 2014/67/EU
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Study supporting the Monitoring of the Posting of Workers Directive 2018/957/EU and of the Enforcement Directive 2014/67/EU

The situation of temporary cross-border mobile workers and workers in subcontracting chains

Study supporting the Monitoring of the Posting of Workers Directive 2018/957/EU and of the Enforcement Directive 2014/67/EU

The situation of temporary cross-border mobile workers and workers in subcontracting chains

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The free movement of workers is one of the cornerstones of the European single market and is enshrined in the European Union (EU) Treaties. Intra-EU labour mobility enhances economic efficiency by enabling the allocation of labour where it is most needed, addressing the challenges of labour shortages and critical skills gaps, as well as supporting industries that require additional workforce during peak seasons. In this way, it helps to mitigate demographic challenges such as ageing populations, thus aiding in sustaining vital sectors like healthcare and caregiving. This study provides key information about the prevalence, drivers and features of different types of temporary cross-border mobility across the EU within specific economic sectors, namely construction, live-in care, meat processing, agriculture and horticulture, and the hotel-tourism-catering sector. Its key focus area is identifying typically problematic aspects related to the working conditions of posted workers and other types of temporary cross-border mobile workers (including, for example, seasonal workers). Crucially therefore, this study does not assess how well temporary cross-border labour mobility functions in the EU in general, nor does it provide an assessment of the national implementation of EU legislation. Rather, it identifies challenges and explores potential additional measures to address these situations and improve the protection of temporary cross-border workers in the EU. The EU has engaged in policy actions related to the protection of the working conditions of temporary cross-border workers for many years. To that end, the Posting of Workers Directive (PWD) (Directive 96/71/EC, amended by Directive 2018/957/EU) as well as the Enforcement Directive (Directive 2014/67/EU) aim to ensure fair working conditions, protect the rights of workers and maintain a level playing field for businesses operating across EU borders. The main objective of the PWD is to guarantee that workers temporarily posted by their employer to another EU member state are provided with a set of core labour rights and conditions equivalent to those applicable in the host country. These rights include, among others, remuneration with all its mandatory elements, maximum working periods, minimum rest periods, and health and safety regulations. The PWD also aims to prevent social dumping, where companies exploit wage differentials and undercut local labour standards. The Enforcement Directive complements the PWD by introducing administrative requirements and control measures, increasing provision of information and enhancing cooperation between Member States to effectively enforce the rules and combat abuses related to the posting of workers.
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