The posting of workers

Challenges and solutions

Nadine Fischer

Labour Administration and Inspection ProgrammeLAB/ADMIN

Geneva

• Different categories of posting:

within a group;

for a particular establishment from one EU country to another EU country;

by temporary placement agencies.

• Different categories of workers concerned:

third country citizen with valid work permit of the country which hosts posting establishment;

EU country citizen.

DIRECTIVE 96/71 EEC

• "Non declaration" and posting of workers:

e.g. posting by letter box companies,

chain of posting,

posting of disguised employed,

posting of third countries workers without valid work permit.

DIRECTIVE 96/71 EEC

• Restrictive attitude towards means of control restrains possibility to perform controls efficiently, as to:

representative on the territory,

relevant documentation in the territory,

prior declaration with extensive documentation,

special measures for third country posted workers.

CHALLENGES

• Impact on:

control in the territory of the host country?

serving inspection acts (and other administrative acts) to the "posting" employers.

enforcement in a timely manner?

Others.

CHALLENGES

SOLUTIONS

• Solutions possible ?

• Experience made and proposals for improvement.