Law, Precarious Labour and Posted Workers: A Sociolegal Study on Posted Work in the EU

Description

This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe. The ‘posting’ of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law’s regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work. This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration. Cover Endorsements Half Title Title Copyright Contents Dedication Disclaimer Foreword Acknowledgements 1 Introduction: Posted Work in the EU Legal Order I Introduction II Posted Workers in Numbers – Key Figures and Trends III Methodology IV Structure of the Book 2 Precarious Work: History, Theory, and the Law I Introduction II Precarious Work, Precariousness, and Precarity A Etymology B Precariousness and Precarity C Bauman, Castel, and Bourdieu D Exploitation III Precarious Work in the Law A The Formal Approach B Limitations of the Formal Approach IV The Multi-Layered Approach A Rodgers and Rodgers: Four Criteria of Precarious Work B Countouris: Legal Determinants of Precarious Work C Kalleberg: The Subjective Element D Definition of Precarious Work V Limitations and Related Concepts A The ‘Precariat’ and Return of the Social Class B The ‘Vulnerable Subject’ Theory VI Precarious Work and Migration A Strangers, Denizens, and Vagabonds B The Polish Peasant in Europe and America C Temporary Labour Migration Outside Europe VII Conclusion 3 Workers as a Service: Unveiling the Twisted Logic of the 1996 Posted Workers Directive I Introduction II Historical Background of the EU Rules on the Posting of Workers A Rush Portuguesa B Long Road to the PWD III Posted Workers and ‘Social Dumping’ IV Legal Basis of the PWD: Challenging the Link to the Free Movement of Services A Relationship with Article 56 TFEU B Challenging the Link to the Free Movement of Services C Relationship with Rome I Regulation D Relationship With the Services Directive V Who Is a Posted Worker? A Duration of Posting B Sufficient Connection to the ‘Host’ Member State’s Territory C Transport Workers D Three Posting Scenarios E Link to Service Provision F Posting of Third-Country Nationals: Seasonal Workers Directive VI The Core of the Posted Workers Directive: Rights of Posted Workers A Laval B Rüffert C Commission vs. Luxembourg VII Conclusion 4 Small Steps Towards Less Precarity: The Reform of the Posted Workers Directive I Introduction II The Enforcement Directive A Background B Contents C Reception III Directive 2018/957 A European Pillar of Social Rights B The 2016 Proposal C Rocky Road to Directive 2018/957 D Evaluation of Directive 2018/957 IV Conclusion 5 Blue-Collar Posted Workers in the Vicious Cycle of Precarity Sławek I Introduction II Positive Impact of the Enforcement Directive on ‘Blue-Collar’ Posted Workers A ‘Letterbox Companies’ B Inspections, Penalties, and the Right to Remedy III Work in Progress: The Evolving Regulation of Subcontracting Liability in the PWD IV Directive 957/2018’s Implications on Safeguarding the Rights of Posted Workers V Long-Term Consequences of the Reform: Decreasing Popularity of Postings? VI Tackling Undeclared Postings and Semi-Legal Posting of Third-Country Nationals VII COVID-19 and ‘Blue-Collar’ Posted Workers VIII Long-Term Consequences of Posted Work for the Workers’ Social Security Situation IX Attitudes Towards ‘Blue-Collar’ Posted Workers in the Receiving Countries X Broken Relationships, Isolation, Depression. Posted Workers and Work–Life Balance XI Conclusion 6 Outside the Vicious Cycle of Precarity: White-Collar Posted Workers Paulina I Introduction II Typology of ‘White-Collar’ Postings III Remuneration. Compliance With Article 3(1) PWD in Multinational Companies IV ‘Millennials’ on the Move: Motivations of ‘White-Collar’ Posted Workers V Impact on Private and Family Life VI COVID-19 and ‘White-Collar’ Postings VII Conclusion 7 Conclusion: Minimising the Inevitable Precarity of Posted Workers – A Case for Reform I Introduction II Distinct Category of ‘White-Collar’ Postings Within the PWD Framework III Risk Factors Which May Predispose Posted Workers to (Greater) Precarity A Gender B Age C Nationality D Social Background IV Definition of Precarious Work Revisited V PWD Reform Through the Lens of the Qualitative Data A Positive Impact of the Enforcement Directive B Shortcomings of the Enforcement Directive: Subcontracting Liability and the Right to Redress C Potential Practical Problems With Directive 2018/957 VI. The Way Forward A A Rights-Based Argument Against Repealing the PWD B A Case for Reform. Benefits of Introducing the Principle of Equal Treatment for Posted Workers C Mandatory Extensive Subcontracting Liability Regime and Guaranteeing Rights for Subcontracted Workers VII Need for Effective Enforcement: The Role of National Authorities, Trade Unions, and Employers A National Competent Authorities B Trade Unions C Employers VIII Conclusion: Posted Work and the Goals of Labour Law Index