Transcript Temporary work agencies, labour mobility and regulation in

Cross border temporary agency
work in the EEA
Nick Clark
Working Lives Research Institute
December 2009
The triangular relationship
Labour user
contracts
works under direction
Worker
Agency
employs
Source: CIETT
Types of mobility
High
Type of productionrelated move
Frequency of movement
Circulation
- Daily
Commuting
Long distance
(weekly) commuting
Circulation – at
least one (usually
several) overnight
stays
SHORT-TERM
ASSIGNMENTS /
MOBILITY
Permanent
Relocation
Low
Labour Migration
(intra- and interorganisational moves)
High
Duration of move
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
The triangular relationship – cross border posting
Labour user in MS2
contracts
Agency in
MS 1
works under direction
employs
Worker in MS1
Posted to MS2
The triangular relationship – cross border recruitment
Labour user in MS2
contracts to recruit
Agency in
MS1
employed by
recruits
Worker goes from MS1 to MS2:
“placed”
Cross border recruitment to temporary work agency:
the diamond relationship
Labour user in MS2
works under direction
contracts
Agency in
MS2
employs
sends to
Worker in MS1:
“placed” in TWA
recruited by
Agency in MS1
Survey
•
•
•
•
•
extent of cross border TAW
description of workers
regulations
issues
sent to Eurociett, UNI-Europa members
National responses
Country
Respondent(s)
UNI-E
Number workers
sent
-
Number workers
received
-
Belgium
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
Geography of cross border temporary
agency working
Inclusion denotes at least one mention in survey responses
Sending
Receiving
Both
Czech Republic
Denmark
Belgium
Estonia
Finland
France
Germany
Italy
Norway
Hungary
Luxembourg
Spain
Lithuania
Netherlands
UK
Poland
Sweden
Portugal
Slovakia
Turkey
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
Services provided by agencies to cross border
workers
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)
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 Australia
International 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
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