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Cross border temporary agency work in the EEA

Cross border temporary agency work in the EEA. Nick Clark Working Lives Research Institute December 2009. Labour user. contracts. works under direction. Worker. Agency. employs. The triangular relationship. Source: CIETT. Types of mobility. Source: Anne Green , IER, Warwick University.

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Cross border temporary agency work in the EEA

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  1. Cross border temporary agency work in the EEA Nick Clark Working Lives Research Institute December 2009

  2. Labour user contracts works under direction Worker Agency employs The triangular relationship

  3. Source: CIETT

  4. Types of mobility Source: Anne Green , IER, Warwick University

  5. Cross-border activities • Multinationals servicing transnational contracts • Posting • Recruitment: • to client (direct employment)‏ • to temporary work agency • Migrant workers already present

  6. Labour user in MS2 contracts works under direction Worker in MS1 Agency in MS 1 employs The triangular relationship – cross border posting Posted to MS2

  7. Labour user in MS2 contracts to recruit employed by Worker - goes from MS1 to MS2: “placed” Agency in MS1 recruits The triangular relationship – cross border recruitment

  8. Labour user in MS2 works under direction contracts Worker in MS1: “placed” in TWA Agency in MS2 employs Cross border recruitment to temporary work agency: the diamond relationship sends to recruited by Agency in MS1

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

  10. 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 - - National responses

  11. 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

  12. 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 working Inclusion denotes at least one mention in survey responses

  13. 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

  14. 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

  15. Schematic of regulations Source: Mitlach & Burgess (2007), Temporary Agency Work in Germany and Australia International Journal of Comparative Labour Law and Industrial Relations, Vol 23 no 3

  16. Sending Receiving Language Social security regulations Licensing/authorisation for temporary work agencies Employment regulations Employment regulations Wage regulation Working environment Housing, transport, health Accommodation Key issues: knowledge gaps and non-compliance

  17. 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

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