Posting of Workers Before National Courts

Rasnača, Zane; Bernaciak, Magdalena

doi:10.2139/ssrn.4078010

Cited by 2 publications

(2 citation statements)

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“…The Posting of Workers Directive was passed in 1996, long before Slovenia joined the EU, but Slovenian trade unions were active protagonists in the transposition of the Enforcement Directive of 2014 and strongly influenced the content of the 2018 Slovenian Transnational Provision of Services Act, which introduced anti-dumping enforcement measures. Slovenia was also the only CEE Member State that later supported the revision of the Posting of Workers Directive, including the receiving country's equal pay principle for posted workers, which the unions supported (Kresal, 2020). Meanwhile employer organisations were to some degree antagonistic to the enforcement measures included in national legislation.…”

Section: Slovenian Social Partners' Response To Posting and Its Regul...mentioning

confidence: 99%

Weathering intermediated temporary labour mobility: social partners in Central and Eastern Europe after EU enlargement

Danaj,

Meszmann

2024

Transfer: European Review of Labour and Research

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This article highlights the growing significance of intermediated temporary labour mobility, and how it has put further pressure on industrial relations institutions in Central and Eastern Europe since EU enlargement. The social partners’ modest regulatory role has been further challenged and reconfigured by the spread of labour market intermediaries. In their struggle to maintain a degree of regulatory influence in the face of unilateral government regulation and the dominance of intermediaries, social partners have shifted their positions between entrenched consent and antagonism and/or protagonism. Our two case studies of Hungarian temporary agency work in metal manufacturing and posted workers in Slovenian construction show similar labour market pressures on sectoral industrial relations in the two countries, but different responses by social partners, indicating different prospects for national industrial relations. The state has retained the decisive regulatory role in both cases, but the Slovenian social partners, in contrast to their Hungarian counterparts, still have some regulatory influence.

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Section: Slovenian Social Partners' Response To Posting and Its Regul...mentioning

confidence: 99%

Weathering intermediated temporary labour mobility: social partners in Central and Eastern Europe after EU enlargement

Danaj,

Meszmann

2024

Transfer: European Review of Labour and Research

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“…Complex requirements of administrative cooperation between member states further complicate the actual enforcement of labour rights, thereby leaving mobile workers in precarious conditions (Blauberger & Schmidt, 2022). Moreover, it is difficult for mobile workers to pursue litigation in front of national courts due to language barriers and lacking resources (Rasnača & Bernaciak, 2021;Slepcevic, 2009) as well as a general lack of knowledge about the rights that apply to them in the host country (Cremers, 2017).…”

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confidence: 99%

Running low on state-capacity: strengthening EU mobile workers’ rights by outsourcing enforcement? The role of advisory services in Germany

Assmus

2023

CPE

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During the Covid-19 pandemic, the precarious working and living conditions of mobile workers made headlines across Europe. The challenges of securing better working conditions are inherent in the integration of the European single market, which removed market barriers while leaving the enforcement of labour rights to national institutions. At the same time, representing workers’ interests in a cross-border context poses difficulties regarding organisation and access. This paper focuses on the role of civil society actors in the cross-border enforcement process by examining the role of advisory services in Germany. To what extent can these new structures fill existing gaps in the enforcement of labour rights and the representation of the interests of mobile workers? Where do they reach their limits? Empirically, this paper draws on documents, reports and semi-structured expert interviews. The data was analysed using qualitative text analysis. Drawing on the literature on interest representation and the enforcement of EU law, I examine the position of these services in the enforcement process along the lines of the fire-alarm vs. police-patrol dichotomy. I argue that these advisory services function as a “sponsored” fire-alarm, compensating for some of the institutional shortcomings but falling short of structural improvements beyond individualised support.

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Posting of Workers Before National Courts

Cited by 2 publications

References 0 publications

Weathering intermediated temporary labour mobility: social partners in Central and Eastern Europe after EU enlargement

Weathering intermediated temporary labour mobility: social partners in Central and Eastern Europe after EU enlargement

Running low on state-capacity: strengthening EU mobile workers’ rights by outsourcing enforcement? The role of advisory services in Germany

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