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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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Article

Novitz, Tonia ; Andrijasevic, Rutvica

Journal of Common Market Studies

2020

58

5

September

1325-1341

posted worker ; labour relations ; temporary employment ; EU Directive ; trade union attitude ; employment security

EU countries

Migration

https://doi.org/10.1111/jcms.13033

English

Bibliogr.

"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."

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