Journal articles: 'Posted workers'

1

Lhernould, Jean-Philippe, and Barbara Palli. "Posted workers remuneration." Maastricht Journal of European and Comparative Law 24, no. 1 (February 2017): 108–26. http://dx.doi.org/10.1177/1023263x17693197.

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Lefebvre, Bruno. "Posted workers in France." Transfer: European Review of Labour and Research 12, no. 2 (May 2006): 197–212. http://dx.doi.org/10.1177/102425890601200207.

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This contribution presents ongoing research that sets out to assess for the first time the situation of the foreign workers, from Europe and beyond, who work in France, in various economic sectors, as a result of the operation of networks of subcontractors. It appears that neither the legal framework nor the obligations of the foreign firms employing these workers are clear, in terms either of relations with government departments or of the legal arguments that may legitimately be invoked for the settlement of disputes. Trade unions, citizens' associations, locally elected officials and civil servants alike are strikingly ill-prepared to deal with this new phenomenon of the movement of workers in Europe.

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Piir, Ragne. "Safeguarding the posted worker. A private international law perspective." European Labour Law Journal 10, no. 2 (June 2019): 101–15. http://dx.doi.org/10.1177/2031952519852112.

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This article examines the protection measures and the law applicable to posted workers. As a general rule, the Rome I Regulation designates the law to be applied to transnational individual employment contracts. In the context of postings, however, this is supplemented by certain safeguards foreseen in the Posting of Workers Directive. This paper analyses the interrelationship between the core set of employment terms as regulated in the Directive and the conflict-of-law rules for employment contracts in the Rome I Regulation. The article takes a critical look at the key problems in the legal regime applicable to posted workers under the Directive and its 2018 amendment. Special attention is first given to the question of determining the habitual workplace of a posted worker, then to the temporary nature of postings, and subsequently to the question of remuneration guaranteed to posted workers. The legal nature of national transposing measures of the Directive and national provisions entailing the core set of employment terms will also be analysed in order to explicate the interface of the two instruments. The paper will subsequently examine the application of the preferential approach.

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Pallini, Massimo. "Posted workers: Italian regulation and dilemmas." Transfer: European Review of Labour and Research 12, no. 2 (May 2006): 272–76. http://dx.doi.org/10.1177/102425890601200212.

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Berntsen, Lisa. "Precarious Posted Worlds: Posted Migrant Workers in the Dutch Construction and Meat Processing Industries." International Journal of Comparative Labour Law and Industrial Relations 31, Issue 4 (December 1, 2015): 371–89. http://dx.doi.org/10.54648/ijcl2015021.

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The posting of migrant workers has become an important employment channel for cross-border employment within the European Union (EU). Although posted workers are not formally excluded from labour rights, regulations are enacted in such a way that de facto they often are, as posted workers face many irregularities in their employment relations, while receiving hardly any protection from established representation and law enforcement authorities. Drawing on qualitative interview research in the Dutch construction and meat processing sector, this article shows how posted employment creates socio-economic precariousness for the workers involved. Although migrants in the meat sector have more opportunities to fight the exclusionary effects of posted employment because they usually reside for longer periods in the Netherlands than the more mobile migrants in construction, both groups of workers experience similar social and economic vulnerabilities, and a lack of protection mechanisms to change their precarious position.

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Kurowski, Witold. "Wpływ nowelizacji dyrektywy 96/71/WE Parlamentu Europejskiego i Rady z dnia 16 grudnia 1996 r. dotyczącej delegowania pracowników w ramach świadczenia usług na statut stosunku pracy." Problemy Prawa Prywatnego Międzynarodowego 27 (December 29, 2020): 283–302. http://dx.doi.org/10.31261/pppm.2020.27.10.

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The Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 introduced several changes to the Directive 96/71/EC on the posting of workers in the framework of the provision of services, affecting the posted worker’s employment relationships directly. Article 3(1) of the Directive 96/71/EC requires that an employer has to guarantee his workers posted to the Member State, the terms and conditions of employment, in matters listed in it, resulting from the law where the work is carried out, regardless of the law applicable to employment relationships. First of all, the Directive (EU) 2018/957 introduced the new concept of “remuneration” paid to the posted workers. Secondly, it extended the list of mattes in article 3(1) by adding point (h) — “the conditions of workers’ accommodation where provided by the employer to workers away from their regular place of work” and point (i) — “allowances or reimbursement of expenditure to cover travel, board and lodging expenses for workers away from home for professional reasons.” Finally, the Directive (EU) 2018/957 established the posting period, not clearly defined before, which should not last longer than 12 months (18 months when the service provider submits a motivated notification).This paper analyses the main changes introduced by the Directive (EU) 2018/957 amending the Directive 96/71/EC in the employment relationship field.

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ZAHN, Rebecca. "Revision of the Posted Workers Directive: A Europeanisation Perspective." Cambridge Yearbook of European Legal Studies 19 (August 9, 2017): 187–210. http://dx.doi.org/10.1017/cel.2017.5.

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AbstractThis article places the current legal framework governing posted work within the debate on ‘Europeanisation’ in order to assess to what extent the Posted Workers Directive may be seen as a successful tool to ‘Europeanise’ national labour law systems as assessed against its dual objectives of promoting the transnational provision of services while also guaranteeing respect for the rights of workers. In doing so, the article contextualises and analyses the Posted Workers Directive which allows for the identification of remaining gaps in protection. The article concludes with an assessment of the European Commission’s most recent proposal to amend the Directive.

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Meier, Volker. "ECONOMIC CONSEQUENCES OF THE POSTED WORKERS DIRECTIVE." Metroeconomica 55, no. 4 (November 2004): 409–31. http://dx.doi.org/10.1111/j.1467-999x.2004.00200.x.

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Krasauskas, Rytis, and Ingrida Mačernytė-Panomariovienė. "Internal Migration of Workers in the European Union: Legal Aspects of Lithuania’s Experience in Transposing the Posting of Workers Directive." Baltic Journal of Law & Politics 14, no. 1 (June 1, 2021): 153–80. http://dx.doi.org/10.2478/bjlp-2021-0007.

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Abstract Freedom to provide services and free movement of workers are linked to the processes of permanent intra-EU migration, which are regulated, inter alia, by the national legislation implementing PWD. Consequently, the posting of workers within EU is not only part of the work organization process, but also part of a wider phenomenon of internal migration of workers. Accordingly, posted workers are to be considered as internal labour migrants. The regulation of the posting of workers must consider the legitimate interest of Member States in protecting their markets from social dumping as well as ensure minimum guarantees for posted workers. These circumstances presuppose changes in the regulation of the posting of workers. This article identifies four stages in the transposition of PWD into Lithuanian national law that are causally related to changes in European legislation and Lithuanian labour law reform as of 2017. It presents the legal assessment of national legal regulation and case law, identifying the related legal problems. The article pays special attention to the legal regulation of the remuneration of a posted worker, established by PWD (Directive 96/71/EC of the European Parliament and of the Council on 16 December 1996 concerning the posting of workers in the framework of the provision of services (Official Journal (EU), 2004, no. L 18) [Directive 96/71/EC], with the amendments introduced by Directive 2014/67/EU of the European Parliament and of the Council from 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Revision 4 of the EU Posting of Workers Directive Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (Official Journal (EU), 2014, no. L 159) [Directive 2014/67/EU] and Directive 2018/957/EU of the European Parliament and of the Council on June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (Official Journal (EU), 2018, no. L 173) [Directive 2018/957/EU]). It also explains the impact on the regulation of employment relations for posted workers in Lithuania stemming from Directive 2019/1152 on transparent and predictable working conditions in the EU.

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10

Kurowski, Witold. "Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 12 lutego 2015 r. w sprawie Sähköalojen ammattiliitto ry c/a Elektrobudowa Spółka Akcyjna (C‑396/13)." Problemy Prawa Prywatnego Międzynarodowego 24 (June 30, 2019): 191–209. http://dx.doi.org/10.31261/pppm.2019.24.08.

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This paper aims to comment an important ruling concerning the Posted Workers Directive (Directive 96/71/EC). In the judgement C-396/13 (Sähköalojen ammattiliitto ry v. Elektrobudowa Spółka Akcyjna), the European Court of Justice providedits pro-worker’s interpretation of Art 3 of Directive 96/71/EC concerning the scope of the "minimum pay rate". The second issue raised by the European Court of Justice was the assignability of pay claims governed by Polish law based on Art 14 (2) of Rome I Regulation and prohibited under that law. In commented judgement, the Court admitted the assignment of claims arising from employment relationships in light of article 47 of the Charter of Fundamental Rights of the European Union and accepted the trade union’s right to represent the posted workers.

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Cremers, Jan. "Free movement of services and equal treatment of workers: the case of construction." Transfer: European Review of Labour and Research 12, no. 2 (May 2006): 167–81. http://dx.doi.org/10.1177/102425890601200205.

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Directive 96/71/EC (the Posted Workers Directive) is the legal framework in Europe for bona fide cross-border work by posted workers. Following fierce debates at the beginning of the 1990s the European institutions adopted this Directive in 1996. The basic purpose of the Directive was to guarantee equal rights to posted workers combined with fair competition for transnational operations, relying on the ‘host country’ principle. A study by the author has shown that national implementation of the Directive after 1996 has been poor. Following enlargement on 1 May 2004 the debate about decent regulation of labour migration and posted and temporary work abroad returned to the agenda. The current discussions on the Services Directive have brought the ‘country of origin’ principle into the spotlight. The political struggle between supporters of decent regulation (and legal application) of labour migration issues and advocates of the free market has entered a new phase.

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12

Davies, P. "The Posted Workers Directive and the EC Treaty." Industrial Law Journal 31, no. 3 (September 1, 2002): 298–306. http://dx.doi.org/10.1093/ilj/31.3.298.

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13

Yan, Dong, and Yixuan Wu. "The labour disputes of Chinese posted workers in the B&R countries." Employee Relations: The International Journal 43, no. 1 (August 31, 2020): 209–25. http://dx.doi.org/10.1108/er-02-2020-0047.

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PurposeThis study aims to decrypt the efforts made by Chinese people's courts nationwide to protect the rights of Chinese posted workers in the Belt & Road (B&R) countries by investigating labour litigation cases with an extraterritorial application of Chinese labour law (under the “doctrine of overriding mandatory labour rules”).Design/methodology/approachThis study collected all labour litigation from 2014 to 2018 brought forward by Chinese posted workers in Chinese courts against Chinese enterprises regarding the performance of employment contracts in the B&R countries where Chinese labour laws were mandatorily applied under the doctrine of overriding mandatory labour rules. The study adopted a qualitive research approach to analyse the compiled cases to explore their characteristics and effects.FindingsThis study found that the volume of labour disputes in the B&R countries had a somewhat positive correlation to the amount of investment from China. However, this correlation was rather superficial when compared with the correlation to the type of industrial sector (e.g. the construction sector) and to the claim category (e.g. remuneration claims). Moreover, labour disputes in both the B&R countries and China shared a great deal of similarity with regard to their concentration in certain sectors and in certain types of claims. Therefore, mandatorily applying Chinese labour law could be convenient for Chinese workers returning from abroad who seek remedies and could allow Chinese judges to issue affirmative decisions regardless of the territory in which the worker was posted.Research limitations/implicationsThe cases collected by this study were limited to those filed in China by Chinese workers who were hired by Chinese enterprises and sent to work in the B&R countries and did not include those filed in the B&R countries by Chinese posted workers. Future research should therefore attempt to gather a broader range of labour disputes to further clarify the issues and need for labour protection for Chinese posted workers in the B&R countries.Practical implicationsThis study argues that the doctrine of overriding mandatory labour rules is not entirely unproblematic because it might arbitrarily rule out the standards set by foreign labour legislation that could be more favourable to workers or offer them greater protection. Therefore, giving judges a certain degree of discretion is imperative to allow them to apply foreign labour standards when they have been proven to benefit workers.Originality/valueApart from a handful of reports on individual cases, there have been very few empirical studies regarding the general picture of labour protection for Chinese posted workers in the B&R countries. This study has adopted a novel approach to collect information on labour disputes in the B&R countries and to facilitate a qualitative analysis to test the practical implications of the doctrine of overriding mandatory labour rules.

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14

Chen, Yifeng, and Ulla Liukkunen. "Enclave Governance and Transnational Labour Law – A Case Study of Chinese Workers on Strike in Africa." Nordic Journal of International Law 88, no. 4 (November 11, 2019): 558–86. http://dx.doi.org/10.1163/15718107-08804005.

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This article examines deficits in the current legal framework of posted workers in a global setting through a case study involving Chinese posted workers striking in Equatorial Guinea. Posting highlights the challenges that economic globalisation and transformation of the labour market pose to labour law. As a phenomenon whose normativity is deeply embedded in the cross-border setting where it occurs, posting should profoundly affect the transnational labour law agenda. The emergence of transnational labour law should be seen from the perspective of reconceptualising existing normative regimes in the light of an underpinning transnationality and sketching the architecture for the normative edifice of transnational labour protection. The transnational legal context under scrutiny calls for a wider normative framework where the intersections between labour law, international law and private international law are taken seriously. Global protection of posted workers should be a featured project on the transnational labour law agenda.

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Staruch, Bożena, and Bogdan Staruch. "Competence-based assignment of tasks to workers in factories with demand-driven manufacturing." Central European Journal of Operations Research 29, no. 2 (February 18, 2021): 553–65. http://dx.doi.org/10.1007/s10100-021-00739-4.

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AbstractThe paper is motivated by real problems concerning tasks assignment to workers in medium-sized upholstered furniture plants managed using the Demand-Driven Manufacturing. Although the methodology was developed for furniture plants it can be applied to other types of production plants. We involve competence coefficients, which describe the level of the worker’s skills or capabilities to perform a specific task. The competence coefficients are also used to block the possibility of assigning the given task to a worker that has no skills to do it. Additionally, we involve a dummy worker to the model which guarantees the existence of a solution to the problem. We present and discuss Integer Linear Programming Models for the posted problem that are closely related to the Generalized Assignment Problem. We also discuss the potential use of the presented methodology to solve real-life problems related to production management.

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Lise, Jeremy, and Jean-Marc Robin. "The Macrodynamics of Sorting between Workers and Firms." American Economic Review 107, no. 4 (April 1, 2017): 1104–35. http://dx.doi.org/10.1257/aer.20131118.

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We develop an equilibrium model of on-the-job search with ex ante heterogeneous workers and firms, aggregate uncertainty, and vacancy creation. The model produces rich dynamics in which the distributions of unemployed workers, vacancies, and worker-firm matches evolve stochastically over time. We prove that the surplus function, which fully characterizes the match value and the mobility decision of workers, does not depend on these distributions. This result means the model is tractable and can be estimated. We illustrate the quantitative implications of the model by fitting to US aggregate labor market data from 1951–2012. The model has rich implications for the cyclical dynamics of the distribution of skills of the unemployed, the distribution of types of vacancies posted, and sorting between heterogeneous workers and firms. (JEL E24, E32, J24, J63, J64)

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17

Evju, Stein. "Revisiting the Posted Workers Directive: Conflict of Laws and Laws in Contrast." Cambridge Yearbook of European Legal Studies 12 (2010): 151–82. http://dx.doi.org/10.5235/152888712802636157.

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AbstractThe Posted Workers Directive was controversial from the outset, and the recent case law from the Court of Justice has made it even more so. In this chapter, the backdrop, genesis, drafting and adoption of the Posted Workers Directive are first considered in turn in order to place it in its context. The Court of Justice’s case law is then considered and contrasted with this background and elaboration of the Directive as it was adopted. The present situation under the Posted Workers Directives is also compared with public international law norms, ILO Conventions and the European Social Charter, and the impact of the Directive in Scandinavia is considered. It is concluded that the case law of the Court of Justice is problematic because of the fact that a normative framework results from its decisions which impinges upon fundamental features of collective labour law and industrial relations: it both entails restrictions on the kinds of terms and conditions of employment which can be imposed, and encroaches upon freedom of collective bargaining more broadly. The autonomy of Member States is also limited and the effectiveness of national industrial relations regimes compromised, which is a highly undesirable outcome.

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Evju, Stein. "Revisiting the Posted Workers Directive: Conflict of Laws and Laws in Contrast." Cambridge Yearbook of European Legal Studies 12 (2010): 151–82. http://dx.doi.org/10.1017/s1528887000001786.

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AbstractThe Posted Workers Directive was controversial from the outset, and the recent case law from the Court of Justice has made it even more so. In this chapter, the backdrop, genesis, drafting and adoption of the Posted Workers Directive are first considered in turn in order to place it in its context. The Court of Justice’s case law is then considered and contrasted with this background and elaboration of the Directive as it was adopted. The present situation under the Posted Workers Directives is also compared with public international law norms, ILO Conventions and the European Social Charter, and the impact of the Directive in Scandinavia is considered. It is concluded that the case law of the Court of Justice is problematic because of the fact that a normative framework results from its decisions which impinges upon fundamental features of collective labour law and industrial relations: it both entails restrictions on the kinds of terms and conditions of employment which can be imposed, and encroaches upon freedom of collective bargaining more broadly. The autonomy of Member States is also limited and the effectiveness of national industrial relations regimes compromised, which is a highly undesirable outcome.

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19

Mense-Petermann, Ursula. "Interest representation in transnational labour markets: Campaigning as an alternative to traditional union action?" Journal of Industrial Relations 62, no. 2 (February 16, 2020): 185–209. http://dx.doi.org/10.1177/0022185619900642.

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This article addresses the challenges connected with interest representation in transnational labour markets. It draws on an in-depth case study of the labour market that matches Eastern European workers to jobs in the German meat industry. This labour market has emerged under the European Union Posted Workers Directive. The posting regime has entailed dumping wages and extreme exploitation in the German meat industry. The German Food Workers Union has faced great difficulties in organising workers posted in the meat industry and in negotiating collective agreements because of strong employer resistance to industry-level bargaining. Yet 2014 saw a shift towards a new employment regime and a re-ordering of the transnational labour market, which entailed several improvements for workers. This article sheds light on how this change came about through campaigning by a coalition of different sorts of (collective) actors and not traditional collective action by the union. The role and impact of campaigning for labour protection in transnational labour markets in the Global North are further discussed.

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Merrett, Louise. "Posted Workers in Europe from a Private International Law Perspective." Cambridge Yearbook of European Legal Studies 13 (2011): 219–44. http://dx.doi.org/10.5235/152888712801752960.

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AbstractCases involving the posting of workers will inevitably involve international elements and therefore issues of private international law. Historically, it has been assumed that English employment law is territorial: in particular section 204 of the Employment Rights Act 1996 provides that the provisions of the Act apply irrespective of the law applicable to the contract. This contribution examines this proposition through the perspective of private international law principles, and also considers the compatibility of section 204 with the private international law rules in the Posted Workers Directive and the new definition of overriding mandatory rules in the Rome I Regulation.

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21

Vallas, Steven. "Workers without Borders: Posted Work and Precarity in the EU." Social Forces 98, no. 2 (May 29, 2019): 1–2. http://dx.doi.org/10.1093/sf/soz069.

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22

Merrett, Louise. "Posted Workers in Europe from a Private International Law Perspective." Cambridge Yearbook of European Legal Studies 13 (2011): 219–44. http://dx.doi.org/10.1017/s1528887000002032.

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Abstract Cases involving the posting of workers will inevitably involve international elements and therefore issues of private international law. Historically, it has been assumed that English employment law is territorial: in particular section 204 of the Employment Rights Act 1996 provides that the provisions of the Act apply irrespective of the law applicable to the contract. This contribution examines this proposition through the perspective of private international law principles, and also considers the compatibility of section 204 with the private international law rules in the Posted Workers Directive and the new definition of overriding mandatory rules in the Rome I Regulation.

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23

Rennuy, Nicolas. "Posting of workers: Enforcement, compliance, and reform." European Journal of Social Security 22, no. 2 (June 2020): 212–34. http://dx.doi.org/10.1177/1388262720931658.

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This article analyses the enforcement deficit plaguing the posting of workers. The rule subjecting posted workers to the social security system of their State of origin is enforced almost exclusively, but rather poorly, by that State. Because of its limited incentive and capacity to enforce the requirements for being posted, it often issues posting certificates without adequate verification. These rubber-stamped certificates bind the social security institutions and courts of the State of destination, thus hindering its enforcement machinery. The resulting gap in administrative enforcement enables employers to unilaterally choose the applicable social security legislation, quite possibly depriving their workers of the more generous social security protection of the State of destination while gaining an unfair competitive advantage over undertakings based there. Helpful though they may be, pending reforms of Regulation 883/2004 and Regulation 987/2009 are held back by an incomplete problem definition. Building on rationalist and managerial theories, I argue that the effectiveness of administrative enforcement depends on whether each posting requirement can be monitored by a State that is both willing and capable of doing so. The existing and envisaged allocation of administrative enforcement powers suffers from a misalignment between incentives, capacities and competences to monitor, which can be addressed by heightening incentives, by enhancing capacities, and by transferring competences to the State of destination.

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Melin, Pauline. "Overview of recent cases before the Court of Justice of the European Union (September 2020-December 2020)." European Journal of Social Security 23, no. 1 (January 20, 2021): 81–90. http://dx.doi.org/10.1177/1388262720987251.

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The reporting period (September 2020-December 2020) was a particularly intense time in terms of important judgments on social security with no fewer than four judgments from the Grand Chamber of the Court. This overview reports five cases in total. First, there are three cases on the Posted Workers Directive. The first two are on the dismissal of the annulment procedures regarding the adoption of the new Posted Workers Directive (Directive 2018/957) started by Hungary (C-620/18) and Poland (C-626/18). Then, the FNV case (C-815/18), which is on the application of the Posted Workers Directive (Directive 96/71) to the transnational provision of services in the road transport sector, is discussed. The overview continues onto other subjects, with a follow-up of the Dano and Alimanovic saga in the Job Center Krefeld case (C-181/19), which relates to the access to social assistance for a job-seeker who is the primary carer of a child receiving education in the host Member State. From there, commentary is given on the A v. Veselï bas ministrija case, which deals with the difficult balance between the freedom of religion and the system of prior authorization for planned healthcare. Finally, the Syndicat CFTC case (C-463/19) is reviewed, and it concerns the conditions under which an additional maternity leave can be reserved to female workers without being considered as discriminatory.

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Wexler, Sandra, Rafael J. Engel, Elizabeth Steiner, and Helen Petracchi. "“It Is Truly a Struggle to Survive”: The Hardships of Living on Low Wages." Families in Society: The Journal of Contemporary Social Services 101, no. 3 (July 2020): 275–88. http://dx.doi.org/10.1177/1044389420928270.

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Many low-wage workers struggle to make ends meet despite working full-time. Surveys find that they confront material, financial, and medical hardships. This article presents hospital workers’ descriptions of living on low wages, giving voice to their fears and challenges. These workers ( N = 156) testified to a city council-created Wage Review Committee, which posted the testimonies online. We qualitatively content-analyzed the testimonies to identify and describe their struggles. Hospital workers’ testimonies brought depth and new understanding to arguments for raising wages. Low-wage workers can be effective advocates for their own interests.

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Christoforou, Evgenia, Antonio Fernández Anta, and Angel Sánchez. "An experimental characterization of workers’ behavior and accuracy in crowdsourced tasks." PLOS ONE 16, no. 6 (June 16, 2021): e0252604. http://dx.doi.org/10.1371/journal.pone.0252604.

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Crowdsourcing systems are evolving into a powerful tool of choice to deal with repetitive or lengthy human-based tasks. Prominent among those is Amazon Mechanical Turk, in which Human Intelligence Tasks, are posted by requesters, and afterwards selected and executed by subscribed (human) workers in the platform. Many times these HITs serve for research purposes. In this context, a very important question is how reliable the results obtained through these platforms are, in view of the limited control a requester has on the workers’ actions. Various control techniques are currently proposed but they are not free from shortcomings, and their use must be accompanied by a deeper understanding of the workers’ behavior. In this work, we attempt to interpret the workers’ behavior and reliability level in the absence of control techniques. To do so, we perform a series of experiments with 600 distinct MTurk workers, specifically designed to elicit the worker’s level of dedication to a task, according to the task’s nature and difficulty. We show that the time required by a worker to carry out a task correlates with its difficulty, and also with the quality of the outcome. We find that there are different types of workers. While some of them are willing to invest a significant amount of time to arrive at the correct answer, at the same time we observe a significant fraction of workers that reply with a wrong answer. For the latter, the difficulty of the task and the very short time they took to reply suggest that they, intentionally, did not even attempt to solve the task.

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van der Mei, Anne Pieter. "Overview of recent cases before the Court of Justice of the European Union (July – October 2018)." European Journal of Social Security 20, no. 4 (December 2018): 364–73. http://dx.doi.org/10.1177/1388262718822554.

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In the reporting period July-October 2018, the Court of Justice of the European Union (CJEU) delivered three rulings ( Alpenrind, Walltopia, and Commission v Belgium) concerning the conflict rule for posted workers as contained in Article 12 of Regulation 883/2004. The CJEU clarified the meaning of the `non-replacement condition', the legal status of workers who are recruited for the sole purpose of being posted to another Member State as well as procedural aspects relating to A1 certificates. In addition, the CJEU delivered judgments on the portability of personal care benefits (A), the application of the prohibition of discrimination on grounds of disability to social security provisions contained in collective agreements ( Bedi) and the protection of supplementary pension claims in the event of insolvency of the employer ( Grenville Hampshire).

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Merrett, Louise. "10 Posted Workers in Europe from a Private International Law Perspective." Cambridge Yearbook of European Legal Studies 13 (2011): 219–44. http://dx.doi.org/10.1017/s1528887000000859.

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AbstractCases involving the posting of workers will inevitably involve international elements and therefore issues of private international law. Historically, it has been assumed that English employment law is territorial: in particular section 204 of the Employment Rights Act 1996 provides that the provisions of the Act apply irrespective of the law applicable to the contract. This contribution examines this proposition through the perspective of private international law principles, and also considers the compatibility of section 204 with the private international law rules in the Posted Workers Directive and the new definition of overriding mandatory rules in the Rome I Regulation.

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29

Hendrickx, Frank. "A Post-Laval Case: ESA and Minimum Wages for Posted Workers." European Labour Law Journal 6, no. 1 (March 2015): 2–4. http://dx.doi.org/10.1177/201395251500600101.

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30

Davies, Paul. "Posted Workers: Single Market Or Protection of National Labour Law Systems?" Common Market Law Review 34, Issue 3 (June 1, 1997): 571–602. http://dx.doi.org/10.54648/138714.

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31

Zhang, Xuefeng, and Jiafu Su. "An approach to task recommendation in crowdsourcing based on 2-tuple fuzzy linguistic method." Kybernetes 47, no. 8 (September 3, 2018): 1623–41. http://dx.doi.org/10.1108/k-12-2017-0468.

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Purpose Task recommendation is an important way for workers and requesters to get better outcomes in shorter time in crowdsourcing. This paper aims to propose an approach based on 2-tuple fuzzy linguistic method to recommend tasks to the workers who would be capable of completing and accept them. Design/methodology/approach In this paper, worker’s capability-to-complete (CTC) and possibility-to-accept (PTA) for a task needs to be recommended are proposed, measured and aggregated to determine worker’s priority for task recommendation. Therein, the similarity between the recommended task and its similar tasks and worker’s performance on these similar tasks are computed and aggregated to determine worker’s CTC quantitatively. In addition, two factors of worker’s active degree and worker’s preferences to a task category are presented to reflect and determine worker’s PTA. In the process of measuring them, 2-tuple fuzzy linguistic method is used to represent, process and aggregate vague and imprecise information. Findings To demonstrate the implementation process and performance of the proposed approach, an illustrative example is conducted on Taskcn, a widely used Chinese online crowdsourcing market. The experimental results show that the proposed approach outperformed the self-selection approach, especially for complex or creative tasks. Moreover, comparing with task recommendation considering worker’s CTC solely, the proposed approach would be better in terms of workers’ response rate. Additionally, the use of linguistic terms and fuzzy linguistic method facilitates the expression of vague and subjective information and makes recommendation process more practical. Research limitations/implications In the study, the authors capture alternative workers, collect workers’ behaviors and compute workers’ CTC and PTA manually. However, as the number of tasks and alternative workers grow, the issue, i.e. how to conveniently collect workers’ behaviors and determine their CTC and PTA, becomes conspicuous and needs to be studied further. Practical implications The proposed approach provides an alternative way to perform tasks posted in crowdsourcing platforms. It can assist workers to contribute to right tasks, and requesters to get outcomes with high quality more efficiently. Originality/value This study proposes an approach to task recommendation in crowdsourcing that integrates workers’ CTC and PTA for the recommended tasks and can deal with vague and imprecise information.

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Kullmann, Miriam. "The Principle of Effet Utile and Its Impact on National Methods for Enforcing the Rights of Posted Workers." International Journal of Comparative Labour Law and Industrial Relations 29, Issue 3 (September 1, 2013): 283–303. http://dx.doi.org/10.54648/ijcl2013019.

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Although Member States are largely free to decide how to monitor and enforce the rights of posted workers, they are nonetheless bound to comply with EU law. In doing so, Member States must adhere not only to the principle of effet utile, setting minimum requirements, but also to the limits imposed by the freedom to provide services, placing a ceiling on national methods. Member States adopt different enforcement methods, though generally the following three are to be found: the state-oriented, the judicial and the industrial relations enforcement methods. Starting from this distinction, the article analyses the relation between EU law and national law, examining cases in which national methods for enforcing the rights of posted workers have come under the scrutiny of the Court of Justice of the European Union. An attempt is then made to identify the Member States' room for manoeuvre.

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Eklund, Hanna. "Enlargements, and Displacements of Social Europe: the Example of Sweden." European Constitutional Law Review 14, no. 1 (March 2018): 114–30. http://dx.doi.org/10.1017/s1574019618000044.

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EU law – Investigating the displacement of Social Europe at moments of EU enlargement – Sweden as an example of how Social Europe can be displaced – Enlargement of 1995 and austerity policy – Enlargement of 2004 and posted workers – Enlargement of 2007 and ‘vulnerable’ EU-migrants

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Lambert, Susan J., Julia R. Henly, Michael Schoeny, and Meghan Jarpe. "Increasing Schedule Predictability in Hourly Jobs: Results From a Randomized Experiment in a U.S. Retail Firm." Work and Occupations 46, no. 2 (January 17, 2019): 176–226. http://dx.doi.org/10.1177/0730888418823241.

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For hourly workers, schedule predictability often depends on how far in advance schedules are posted. This article presents results from a process evaluation of an intervention to increase advance schedule notice in hourly retail jobs. The authors open up the black box of implementation to understand managers’ experiences posting schedules further in advance and employees’ ability to anticipate working time. Although schedules were posted further in advance in treatment than control stores, the intervention did not improve schedule anticipation. The findings demonstrate the value of attending to the “dual agenda” of assessing workplace interventions from the perspective of both employers and employees.

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Eldring, Line. "Ines Wagner: Workers without Borders. Posted Work and Precarity in the EU." Norsk sosiologisk tidsskrift 4, no. 01 (February 11, 2020): 58–60. http://dx.doi.org/10.18261/issn.2535-2512-2020-01-06.

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Spellman, Cat. "Workers Without Borders. Posted Work and Precarity in the EU. Ines Wagner." British Journal of Industrial Relations 58, no. 4 (April 21, 2020): 1046–48. http://dx.doi.org/10.1111/bjir.12535.

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37

Birmingham, Bill. "Social security and pension arrangements for workers posted abroad and their employers." Pensions: An International Journal 8, no. 2 (January 2003): 109–26. http://dx.doi.org/10.1057/palgrave.pm.5940219.

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Bals, Jonas. "Book Review: Workers Without Borders. Posted Work and Precarity in the EU." Transfer: European Review of Labour and Research 26, no. 1 (February 2020): 107–9. http://dx.doi.org/10.1177/1024258919899582a.

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Ojeda-Avilés, Antonio. "European Collective Bargaining and Posted Workers – Comments on Directive 96/71/EC." International Journal of Comparative Labour Law and Industrial Relations 13, Issue 2 (June 1, 1997): 127–30. http://dx.doi.org/10.54648/ijcl1997012.

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Reich, Norbert. "Free Movement v. Social Rights in an Enlarged Union - the Laval and Viking Cases before the ECJ." German Law Journal 9, no. 2 (February 1, 2008): 125–61. http://dx.doi.org/10.1017/s2071832200006350.

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The two reference cases considered here concern the compatibility with EU law of industrial disputes and collective actions against EU companies exercising their free movement rights. The Swedish case, under a reference of the Arbetsdomstolen (Swedish Labour Court) of 15 September 2005 in litigation between Laval un Partneri Ltd (hereafter ‘Laval’) v. Svenska Byggnadsarbetareförbundet, Avdelning 1 of the Svenska Byggnadsarbetareförbundet, Svenska Elektrikerförbundet (in the material that follows, ‘Bygnadds’) and others concerns the question of whether an industrial action of Swedish labour unions against a Latvian company that wanted to perform a work contract under Swedish procurement rules through the use of posted Latvian workers falls under the ‘freedom to provide service’ rules of Article 49 EC and, if this is the case, whether this action can be justified either under the posted workers directive, 96/71/EEC, or under a specific Swedish law exempting labour unions from liability in taking action against foreign-based companies (the so-called Lex Britannia; see sections E.I and H.II below).

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van Hoek, Aukje, and Mijke Houwerzijl. "‘Posting’ and ‘Posted Workers’: The Need for Clear Definitions of Two Key Concepts of the Posting of Workers Directive." Cambridge Yearbook of European Legal Studies 14 (2012): 419–51. http://dx.doi.org/10.5235/152888712805580318.

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AbstractIn this chapter the authors discuss the personal scope of the Directive on the Posting of Workers (Dir 96/71/EC) and the implementation thereof in the Member States. The comparative findings are based on two studies conducted by the authors on behalf of the European Commission in 2010/2011. The authors argue that the concepts of ‘posting’ and ‘posted worker’ are crucial for a proper understanding of the scope of application of the Directive and its interaction with the Rome I Regulation on the applicable law to contractual obligations (Reg 593/2008). A clear and enforceable demarcation of the personal scope will help the Member States to combat abuse of the freedom to provide services and to distinguish more clearly between posting and other types of labour mobility. The proposal submitted by the European Commission to that effect (COM (2012) 131) is judged to be an important step in the right direction.

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Cook, Nancy. "Canadian development workers, transnational encounters and cultures of cosmopolitanism." International Sociology 27, no. 1 (November 18, 2011): 3–20. http://dx.doi.org/10.1177/0268580911423053.

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This article focuses on cosmopolitanism as an object of sociological analysis, through an empirical study of Canadian development workers who were posted in Pakistan for extended periods of time and have subsequently resumed their lives in Canada. These global migrants developed various attachments to Pakistani culture and people through their transnational experiences. Employing a continuum of cosmopolitanism, the article describes these attachments, which, it argues, form the basis of a tentative and ambivalent culture of cosmopolitanism as it is lived by these development workers on their return to Canada. The study’s aim is to clarify the concept of cosmopolitanism by documenting the emergence of a new sociality characterized by global connectivities that engender justice-oriented alliances and solidarities.

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Johnston, Genevieve, Matthew D. Sanscartier, and Matthew S. Johnston. "Retail therapy: Making meaning out of menial labour." Journal of Sociology 55, no. 3 (March 21, 2019): 446–62. http://dx.doi.org/10.1177/1440783319833188.

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Retail work has a prominent place in the Canadian job market in an era of global capitalism and consumption. Despite spanning an astonishing array of industries, this work is most often low-paying, low-status and un-unionized, leaving workers vulnerable to exploitation and discrimination from their employers. This qualitative content analysis of 1454 anonymous reviews of 25 Canadian retail employers posted on RateMyEmployer.ca explores how intersections of class, race and gender shape how workers make sense of difficult work experiences and their relative social privilege. We draw on Hewitt and Hall’s concept of quasi-theorization to frame how everyday experiences of work justify foregone conclusions that allow reviewers to reassert status. Set against highly gendered, raced and classed expectations of the helpful, deferential, hardworking and cheerful retail worker, these quasi-theories demonstrate that ethnic and racial bias, reactive masculinities and battles between working-class supervisors and middle-class student employees lead to unresolved friction that erupts in anonymous, online spaces.

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Rennuy, Nicolas. "Shopping for social security law in the EU." Common Market Law Review 58, Issue 1 (January 1, 2021): 13–38. http://dx.doi.org/10.54648/cola2021002.

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This article explores the extent to which EU law does and should enable undertakings to control which Member State’s contribution rate applies to them. By relying on posted workers, for example, undertakings can “shop” for the cheapest social security law, lowering their labour costs; this is, however, to the detriment of workers, competitors, and social security systems. The article seeks to determine when conflict rules excessively facilitate law shopping. It then discusses how legislators and courts can complicate law shopping by framing it as abuse, redesigning rules, interpreting them teleologically, and improving their enforcement.

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Doellgast, Virginia. "Wagner, I. (2018). Workers Without Borders: Posted Work and Precarity in the EU." Work and Occupations 47, no. 4 (November 12, 2019): 514–17. http://dx.doi.org/10.1177/0730888419884984.

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De Vos, Marc. "Free movement of workers, free movement of services and the posted workers directive: a Bermuda triangle for national labour standards?" Era Forum 7, no. 3 (September 2006): 356–70. http://dx.doi.org/10.1007/bf02857086.

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Civinskas, Remigijus, Jaroslav Dvorak, and Arvydas Guogis. "The Administrative Side of Industrial Relations in Selected EU Countries: Case of Posted Workers." Montenegrin Journal of Economics 13, no. 4 (December 2017): 131–48. http://dx.doi.org/10.14254/1800-5845/2017.13-4.11.

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Hall, Robert E., and Alan B. Krueger. "Evidence on the Incidence of Wage Posting, Wage Bargaining, and On-the-Job Search." American Economic Journal: Macroeconomics 4, no. 4 (October 1, 2012): 56–67. http://dx.doi.org/10.1257/mac.4.4.56.

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Some workers bargain with prospective employers before accepting a job. Others face a posted wage as a take-it-or-leave-it opportunity. Both modes of wage determination have generated large bodies of research. We surveyed a representative sample of US workers to inquire about the wage determination process at the time they were hired into their current or most recent jobs. A third of the respondents reported bargaining over pay before accepting their current jobs. Almost a third of workers had precise information about pay when they first met with their employers, a sign of wage posting. About 40 percent of workers were on-the-job searchers—they could have remained at their earlier jobs at the time they accepted their current jobs, indicating a more favorable bargaining position than is held by unemployed job-seekers. About half of all workers reported that their employers had learned their pay in their earlier jobs before making the offer that led to the current job. (JEL C83, J31, J52, J64)

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Pavlick, Ellie, Matt Post, Ann Irvine, Dmitry Kachaev, and Chris Callison-Burch. "The Language Demographics of Amazon Mechanical Turk." Transactions of the Association for Computational Linguistics 2 (December 2014): 79–92. http://dx.doi.org/10.1162/tacl_a_00167.

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We present a large scale study of the languages spoken by bilingual workers on Mechanical Turk (MTurk). We establish a methodology for determining the language skills of anonymous crowd workers that is more robust than simple surveying. We validate workers’ self-reported language skill claims by measuring their ability to correctly translate words, and by geolocating workers to see if they reside in countries where the languages are likely to be spoken. Rather than posting a one-off survey, we posted paid tasks consisting of 1,000 assignments to translate a total of 10,000 words in each of 100 languages. Our study ran for several months, and was highly visible on the MTurk crowdsourcing platform, increasing the chances that bilingual workers would complete it. Our study was useful both to create bilingual dictionaries and to act as census of the bilingual speakers on MTurk. We use this data to recommend languages with the largest speaker populations as good candidates for other researchers who want to develop crowdsourced, multilingual technologies. To further demonstrate the value of creating data via crowdsourcing, we hire workers to create bilingual parallel corpora in six Indian languages, and use them to train statistical machine translation systems.

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Dølvik, Jon Erik, and Line Eldring. "Industrial relations responses to migration and posting of workers after EU enlargement: Nordic trends and differences." Transfer: European Review of Labour and Research 12, no. 2 (May 2006): 213–30. http://dx.doi.org/10.1177/102425890601200208.

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EU enlargement has brought changes in the conditions for company strategies and engendered shifts in labour demand that are reshaping patterns of migration and employment conditions in the receiving countries. While the Nordic countries, except Norway, have seen modest inflows of individual jobseekers, they have seen a sharp rise in the posting of workers and low-cost competition, revitalising debates about reforms in labour market governance. The Nordic unions have approached enlargement and the regulation of conditions for posted workers very differently. Their divergent responses must be seen in the light of often overlooked variations in Nordic industrial relations, especially as regards the role of the state, but also rates of organisation among employers and employees, and collective bargaining coverage.

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Journal articles on the topic 'Posted workers'

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