The gap between legal procedures and practices in posting rule enactment: a comparative working paper

PUBLICATION YEAR

2021

CITATION

Danaj, S., Zólyomi, E., Kahlert, R., Prinz, N. & Sandu, V. (2021). The gap between legal procedures and practices in posting rule enactment: a comparative working paper. Vienna: European Centre for Social Welfare Policy and Research.

DESCRIPTION

In this working paper we investigate how the Posting of Workers Directive interplays with and is influenced by other EU and national rules and regulations on labour law, migration law, social security, health insurance, temporary agency work, and company law and how this might lead to potential inequalities, unfair competition, and exploitation of posted workers, and identify gaps between national policy and implementation practice. We do that through the insights collected from 92 interviews with employers, public authorities, social partners, and non-governmental organisations. The research takes a comparative cross-national approach that includes six EU Member States (Austria, Hungary, Italy, Poland, Slovakia, Slovenia) and two candidate countries (Serbia and North Macedonia). Our findings indicate that while posting regulation is designed at the EU level, the understandings of what the rules mean and how they are embedded in national legal frameworks vary.