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Reform of the Posting of Workers Regime – An Assessment of the Practical Impact on Unfree Labour Relations

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  • Tonia Novitz
  • Rutvica Andrijasevic

Abstract

The 2018 Amending Directive is the most recent response to the failings of the European Union (EU) legal framework for the posting of workers. This article uses an original case study of workers posted from Serbia via Hungary to Slovakia as a basis on which to assess the practical impact of this latest Directive. We recognize the capacity for EU Member States to do more to protect posted workers than was possible previously. However, we also note significant regulatory omissions relating, in particular, to the manufactured uncertainty of employment and immigration status, limited supply chain regulation and obstacles to trade union representation. We identify the need to address in greater detail the complex operations of transnational temporary work agencies involving third country nationals which can produce legal uncertainty and foster unfree labour relations.

Suggested Citation

  • Tonia Novitz & Rutvica Andrijasevic, 2020. "Reform of the Posting of Workers Regime – An Assessment of the Practical Impact on Unfree Labour Relations," Journal of Common Market Studies, Wiley Blackwell, vol. 58(5), pages 1325-1341, September.
    • Handle: RePEc:bla:jcmkts:v:58:y:2020:i:5:p:1325-1341
    DOI: 10.1111/jcms.13033
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    References listed on IDEAS

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    1. Ninke Mussche & Dries Lens, 2018. "The EU Free Movement of Services and the growing mobility of Third-Country Nationals as posted workers," Working Papers 1813, Herman Deleeck Centre for Social Policy, University of Antwerp.
    2. Stephanie Ware Barrientos, 2013. "'Labour Chains': Analysing the Role of Labour Contractors in Global Production Networks," Journal of Development Studies, Taylor & Francis Journals, vol. 49(8), pages 1058-1071, August.
    3. Genevieve LeBaron & Nicola Phillips, 2019. "States and the Political Economy of Unfree Labour," New Political Economy, Taylor & Francis Journals, vol. 24(1), pages 1-21, January.
    4. Carmen M. Reinhart & Kenneth S. Rogoff, 2011. "From Financial Crash to Debt Crisis," American Economic Review, American Economic Association, vol. 101(5), pages 1676-1706, August.
    5. Ines Wagner, 2015. "Rule Enactment in a Pan-European Labour Market: Transnational Posted Work in the German Construction Sector," British Journal of Industrial Relations, London School of Economics, vol. 53(4), pages 692-710, December.
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    Cited by:

    1. Andrea Iossa & Maria Persdotter, 2021. "Cross‐Border Social Dumping as a ‘Game of Jurisdiction’ – Towards a Legal Geography of Labour Relations in the EU Internal Market," Journal of Common Market Studies, Wiley Blackwell, vol. 59(5), pages 1086-1102, September.
    2. Dries Lens & Ninke Mussche & Ive Marx, 2022. "The different faces of international posting: Why do companies use posting of workers?," European Journal of Industrial Relations, , vol. 28(1), pages 27-45, March.
    3. Cörvers, Frank & Reinold, Julia & Chakkar, Saena & Bolzonella, Francesco & Ronda, Vera, 2021. "Literature review labour migration," ROA Technical Report 005, Maastricht University, Research Centre for Education and the Labour Market (ROA).

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