cross border temporary agency work in the eea
DESCRIPTION
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. - PowerPoint PPT PresentationTRANSCRIPT
Cross border temporary agency work in the EEA
Nick Clark
Working Lives Research Institute
December 2009
Types of mobility
High Type of production-related move
Circulation - Daily
Commuting
Long distance (weekly) commuting
Circulation – at least one (usually several) overnight stays
SHORT-TERM
ASSIGNMENTS / MOBILITY
Fre
quen
cy o
f m
ove
men
t
Permanent Relocation
Labour Migration (intra- and inter-
organisational moves)
Low
Duration of move
High
Source: Anne Green , IER, Warwick University
Cross-border activities
– Multinationals servicing transnational contracts– Posting– Recruitment:
• to client (direct employment)
• to temporary work agency
– Migrant workers already present
Agency in MS 1
Worker in MS1
Labour user in MS2
employs
contracts works under direction
The triangular relationship – cross border posting
Posted to MS2
Agency in MS1
Worker -goes from MS1 to MS2:“placed”
Labour user in MS2
recruits
contracts to recruit employed by
The triangular relationship – cross border recruitment
Agency in MS2
Worker in MS1:“placed” in TWA
Labour user in MS2
employs
contracts works under direction
Cross border recruitment to temporary work agency: the diamond relationship
Agency in MS1
recruited bysends to
Survey
• extent of cross border TAW• description of workers• regulations• issues• sent to Eurociett, UNI-Europa members
National responses
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 - -
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
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 workingInclusion denotes at least one mention in survey responses
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
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
Schematic of regulations
Source: Mitlach & Burgess (2007), Temporary Agency Work in Germany and AustraliaInternational Journal of Comparative Labour Law and Industrial Relations, Vol 23 no 3
Key issues: knowledge gaps and non-compliance
Sending Receiving
Language Social security regulations
Licensing/authorisation for temporary work agencies
Employment regulations
Employment regulations Wage regulation
Working environment Housing, transport, health
Accommodation