Policy brief: Being posted without being a posted worker - Legal uncertainty in practice

AUTHORS

Jens Arnholtz & Astrid Stampe Lovelady

PUBLICATION YEAR

2022

CITATION

Arnholtz, J. & Lovelady, A.S. (2022). Being posted without being a posted worker - Legal uncertainty in practice, Policy Brief 2022/9. Vienna: European Centre.

DESCRIPTION

To gain the protection of the Posting of Workers directive, posted workers must normally work in the country they are formally posted from. Drawing on interviews from the SMUG project, this policy brief argues that many posted workers do not conform to the directive’s definition of a posted worker. Workers are often hired for posting, have genuine posting careers or move across categories to find job opportunities. However, this can put them in a precarious position, because they are not protected by the directive. The brief recommends that legislators clarify the status of these posted workers, who are not posted in the sense of the directive, to increase their protection.