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The posting of workers Challenges and solutions

Explore different categories of posting workers within the EU and challenges faced, such as non-declaration issues and impact on control in the host country. Discover effective solutions and proposals for improvement.

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The posting of workers Challenges and solutions

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  1. The posting of workers Challenges and solutions Nadine Fischer Labour Administration and Inspection Programme LAB/ADMINGeneva

  2. DIRECTIVE 96/71 EEC • Different categories of posting: • within a group; • for a particular establishment from one EU country to another EU country; • by temporary placement agencies. • Different categories of workers concerned: • third country citizen with valid work permit of the country which hosts posting establishment; • EU country citizen.

  3. DIRECTIVE 96/71 EEC • "Non declaration" and posting of workers: • e.g. posting by letter box companies, • chain of posting, • posting of disguised employed, • posting of third countries workers without valid work permit.

  4. CHALLENGES • Restrictive attitude towards means of control restrains possibility to perform controls efficiently, as to: • representative on the territory, • relevant documentation in the territory, • prior declaration with extensive documentation, • special measures for third country posted workers.

  5. CHALLENGES • Impact on: • control in the territory of the host country? • serving inspection acts (and other administrative acts) to the "posting" employers. • enforcement in a timely manner? • Others.

  6. SOLUTIONS • Solutions possible ? • Experience made and proposals for improvement.

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