Cross border temporary agency work in the EEA

Nick Clark

Working Lives Research Institute

December 2009

Agency Worker

Labour user

employs

contracts works under direction

The triangular relationship

Source: CIETT

Types of mobility

High Type of production-related move

Circulation - Daily

Commuting

Long distance (weekly) commuting

Circulation – at least one (usually several) overnight stays

SHORT-TERM

ASSIGNMENTS / MOBILITY

Fre

quen

cy o

f m

ove

men

t

Permanent Relocation

Labour Migration (intra- and inter-

organisational moves)

Low

Duration of move

High

Source: Anne Green , IER, Warwick University

Cross-border activities

– Multinationals servicing transnational contracts– Posting– Recruitment:

• to client (direct employment)

• to temporary work agency

– Migrant workers already present

Agency in MS 1

Worker in MS1

Labour user in MS2

employs

contracts works under direction

The triangular relationship – cross border posting

Posted to MS2

Agency in MS1

Worker -goes from MS1 to MS2:“placed”

Labour user in MS2

recruits

contracts to recruit employed by

The triangular relationship – cross border recruitment

Agency in MS2

Worker in MS1:“placed” in TWA

Labour user in MS2

employs

contracts works under direction

Cross border recruitment to temporary work agency: the diamond relationship

Agency in MS1

recruited bysends to

Survey

• extent of cross border TAW• description of workers• regulations• issues• sent to Eurociett, UNI-Europa members

National responses

Country Respondent(s) Number workers sent

Number workers received

Belgium UNI-E - -

Bulgaria UNI-E 200 5-10K

France Eurociett 969 -

Luxembourg UNI-E - 3-4K

Netherlands Joint - 40K

Poland Joint 14.3K -

Spain UNI-E - -

Sweden Eurociett - 2.4-3K

UK Joint - -

Companies using temporary agency workers from Luxembourg, by location

Source: Inspection Générale de la Sécurité Sociale , quoted by Véronique De Broeck in Transnational nature of temporary agency work, European Foundation for the Improvement of Living and Working Conditions, £ June 2008

Sending Receiving Both

Czech Republic Denmark Belgium

Estonia Finland France

Germany Italy Norway

Hungary Luxembourg Spain

Lithuania Netherlands UK

Poland Sweden

Portugal

Slovakia

Turkey

Geography of cross border temporary agency workingInclusion denotes at least one mention in survey responses

Posting of workers

• number of posted workers?estimates only• number of posted temporary agency workers?not known• specific reference to agency workers in national regulations? no• national collective agreements for agency workers?Sweden, Netherlands• Generally applicable?Netherlands

Service Sending Receiving Total

Transport 3 (2) 7 (5) 10 (7)

Housing 3 (2) 8 (6) 11 (8)

Social security registration 3 (1) 8 (1) 11 (2)

Bank account 3 (1) 7 (2) 10 (2)

Visa (or equivalent) 2 (1) 4 (2) 6 (3)

Job 3 (1) 8 (1) 11 (2)

Services provided by agencies to cross border workers

Number of replies, figures in brackets refer to number charging fees, N=11

Schematic of regulations

Source: Mitlach & Burgess (2007), Temporary Agency Work in Germany and AustraliaInternational Journal of Comparative Labour Law and Industrial Relations, Vol 23 no 3

Key issues: knowledge gaps and non-compliance

Sending Receiving

Language Social security regulations

Licensing/authorisation for temporary work agencies

Employment regulations

Employment regulations Wage regulation

Working environment Housing, transport, health

Accommodation

Conclusions

• Cross-border temporary agency working involves many Member States, but numbers currently unknown

• Posting not principal form of cross border working• Regulatory control patchy at best• Non-wage concerns significant• Trends not yet clear• More and better research needed