The working conditions of cross-border temporary agency workers on paper and in reality

Abstract

1 This contribution focuses on the legal position and working conditions of cross-border temporary agency workers. In the context of the relationship between the free movement of workers and the freedom to provide services, the applicability of the Temporary Agency Work Directive (TAWD) and/or of the (revised) Posting of Workers Directive (PWD) to several different arrangements for cross-border temporary agency work is explored. Furthermore, the tools to prevent circumvention and to encourage compliance with and the enforcement of these legal instruments are discussed. With regard to the role of temporary work agencies and other intermediaries in practice, there seems to be an overlap between facilitation and exploitation, with numerous studies and reports underpinning this assertion. Despite the more favourable position of ‘recruited’ transnational temporary agency workers on paper, the gap with ‘posted’ temporary agency workers is not so wide in reality. For all cross-border temporary agency workers in low-waged sectors, significant problems related to non- or semi-compliance with the applicable regulations arise. After discussing the main challenges relating to non-compliance and enforcement, as well as available tools for cross-border cooperation, some potential future solutions to the aforementioned problems are outlined. In this regard, a pragmatic stance is taken as no ‘magic bullet’ solutions exist.