Cross-border Workers Research Articles

Meldepflicht von Berufskrankheiten bei grenzüberschreitender Tätigkeit von Beschäftigten in Deutschland und Österreich

Obligation to report occupational diseases in the case of cross-border activities of employees in Germany and Austria Cross-border work brings new challenges – including the obligation to report occupational diseases. What are the regulations governing physicians in Germany and Austria? What happens if suspected cases occur in different EU countries? European regulations govern cooperation between social insurance institutions and regulate the obligations of medical professionals in reporting occupational diseases.

Politicised at Home but not in Council: The European Coordination of Social Security Systems

After seven years of negotiations, the European Parliament and the Council have yet to agree on the reform of one of the most essential regulations facilitating cross-border worker mobility in the EU: the Coordination of Social Security Systems (EC 883/2004). The lack of agreement remains puzzling, as all negotiating partners are generally in favour of the reform. Similar proposals on social policy, such as the Posting of Workers Directive or the Minimum-wage Directive, were also challenging to achieve but could be agreed upon. This article tests whether “unpolitics”—a destructive approach by populist governments in the Council to undermine EU policymaking—is the reason for the persisting deadlock on the file. The central finding of this article is that the interplay of populism and the status of member states as sending or receiving workers shape unpolitical behaviour. Contrary to expectations, unpolitics is largely absent in the behaviour of populist and non-populist governments. Unpolitical behaviour does not promise high gains for the populist governments from Central and Eastern Europe because these member states send workers. The smooth functioning of the freedom of workers is essential for them and their national discourses do not discuss the freedom of movement in the context of welfare chauvinism. Welfare chauvinism is much stronger in countries that receive workers, however, populists were not in power in these member states and therefore there was no unpolitical behaviour. The findings show that unpolitical behaviour is not used by mainstream governments, not even when it would seem likely from the nature of the policy issue. This article highlights that the probability of unpolitical behavior is influenced not only by the nature of the policy issue itself but also by domestic institutional and structural factors, as well as the national discourse.

Interplay between representing ‘others’ and experiencing peripherality: ethnographic study in a Swiss valley

ABSTRACT This article explores how the lived and situated peripherality of Val-de-Travers, a Swiss valley located on the border with France, articulates with experiences and representations of difference. It ethnographically investigates how the presence of people assigned to different social categorizations of difference – in this case, refugees, cross-border workers, and cas sociaux—intersects with place-based representations and experiences of other long-term residents. In doing so, this article contributes to a more comprehensive understanding of the complex interplay between the micro-processes of categorizing and representing ‘others’ and the macro-hierarchies of place.

Cross-border workers - navigating the challenges of social security coordination rules in the era of telework in the European Union

In 1 2020, there were 1.7 million cross-border workers in the European Union, creating difficulties in determining the applicable legislation for social security matters. The reason for this complexity is that even in cross-border activities, the legislation of only one Member State is applicable according to the Coordination Regulation 883/2004. This article examines the evolving landscape of social security coordination in the European Union. It explores the interplay between the European principle of free movement of workers and the complexities arising from various national social security systems, combined with the increase in telework. The article outlines the foundational legal frameworks underpinning social security within the European Union, including the Coordination Regulation EC 883/2004, and discusses primarily the challenges in applying these rules to cross-border teleworkers. It further analyses the implications of the new Multilateral Framework Agreement, providing a nuanced understanding of its role in offering simplified procedures and legal certainty for habitual cross-border teleworkers. The article also highlights the Agreement's limitations, including its restricted scope and the persisting administrative burdens. The discussion extends to the broader context of ongoing legislative efforts and the need for more flexible and modern social security coordination rules in the European Union. The article aims to shed light on the critical issues surrounding social security coordination in an era of evolving work practices.

Trapped in Ceuta: Reflexive tactics and methods in Participatory Filmmaking among cross-border women

Abstract Recent scholarship has promoted reflexivity in migration research using visual participatory methods. However, the perspectives of cross-border workers living as undocumented migrants in borderlands have been understudied using these methods. Adopting a reflexive approach to Participatory Filmmaking (PF), this article critically engages with the co-production of knowledge amongst thirteen Moroccan cross-border women living and working irregularly as domestic workers in the Spanish city of Ceuta, North Africa. Empirically grounded in a 3-month PF workshop conducted during the closure of the Moroccan–Spanish border following the coronavirus disease 2019 (COVID-19) lockdown, it explores the application of specific methods and tactics of data collection and analysis based on researchers’ and participants’ reflexivity to reveal some of the local colonial legacies that emerge when approaching this methodology from a Eurocentric gaze. To this end, I first established an ongoing, transparent dialogue aimed at unlearning, from the participants’ perspective, how to critically interrogate each facet of PF’s data collection and analysis. In this endeavour, decisions about the rationale for recruitment, practices, visuals, and technologies employed, participation, consent, and canons of technology and representation were negotiated to produce reflexive autoethnographies while avoiding exposure. Secondly, I consider specific reflexive tactics and methods of co-analysing data with participants to challenge specific categorizations while embracing decolonial feminist views. In doing so, I argue for a more reflexive approach to PF to redress existing power inequalities at the intersection of technology, representation, and voice at the heart of borderlands. It can be achieved by transforming methodological analysis into decolonial action and response.

Train drain? Access to foreign workers and firms’ provision of training

Does better access to foreign workers reduce firms’ willingness to provide general skills training? We analyze how the opening of the Swiss labor market to workers from the European Union affected the number of apprenticeships that firms provide. We exploit that the availability of foreign workers increased more in firms close to the border because they gained unrestricted access to cross-border workers from Switzerland’s neighboring countries. Our Difference-in-Differences estimates suggest that firm-provided training to unskilled workers and access to foreign workers are not necessarily substitutes: opening the borders did not have a statistically significant effect on apprenticeship provision. Using unique data on firms’ costs and motives to train apprentices, we show that the greater availability of foreign workers reduced firms’ incentive to train because hiring skilled workers externally became cheaper, among others because new hires became more productive from the start. Positive impacts on firm growth worked in the opposite direction.

The Pandemic and Free Movement of Workers: Two Challenges in Austrian Practice

Covid-19 has brought unprecedented restrictions on the free movement of workers. This paper takes a critical look at entry restrictions related to testing, vaccination and recovery. In addition, Covid-19, in combination with the entry restrictions, has led to an increase in cross-border working from home, which may result in changes to the applicable labour law. Covid-19 Pandemic, Free Movement of Workers, Entry Restrictions, Habitual Place of Work, Virtual Place of Work

The motility of posted workers during the COVID-19 pandemic: policies, trends and worker experiences in Austria

PurposeTo analyse the policies, posting trends and worker experiences during the pandemic, this study uses the concept of motility, i.e. workers' mobility capital, and examines how posted workers' geographical mobility, their access to and conditions of employment and social protection were impacted. The authors discuss how the measures against the pandemic undertaken at the European Union (EU) and national level have affected labour mobility, the impact these measures have had on macro trends of posting to Austria, and lastly, how the pandemic and the actions against it have influenced the lives of posted workers at the individual level.Design/methodology/approachIn this article, the authors focus on the specific case of posting to Austria. The authors ask whether, and if so, how EU and national policies which came about during the COVID-19 pandemic influenced the motility of posted workers, and how these workers used their mobility capital in this unfolding context. The authors address the research questions with analyses of EU and national level policies, use administrative data on posting, and individual-level data based on interviews with posted workers and public authorities.FindingsThe authors find that the Austrian government's public health and economic priorities were jointly influential on the motility of cross-border workers. The specific case of the posted workers shed new light on the limits to such a national sovereignty approach when it comes to economic interests in an increasingly interdependent European labour market. This study’s findings show that despite the access provided at the policy levels, the motility of posted workers was also affected by their individual circumstances, or competences, which produced different forms of appropriation.Originality/valueThe authors apply the theoretical framework of motility by studying policy developments through the element of access options and conditions, and the posting trends to Austria and worker experiences at the individual level through the lenses of appropriation and competences. The authors find that while the EU and national public policy in enhancing access options have been successful during the COVID-19 period, amelioration attempts in access conditions have not been realised as observed in our analysis of the competence and appropriation dimensions of the posted workers in Austria. This highlights the need for a more integrated approach in the study of policies by exploring beyond the national and EU level policies and focussing on the implementation and observations at the individual level.

Exploring physical education teachers’ conceptualisations of health and wellbeing discourse across the four nations of the UK

ABSTRACT As a group of researchers representing England, Northern Ireland, Scotland and Wales, we previously carried out a comparative analysis of the health discourses evident within the physical education (PE) curriculum of each UK nation (Gray et al., 2022b). We uncovered complex ‘health’ landscapes, represented through different discourses of health across contexts and shifting discourses within contexts. The purpose of the present proof of concept study is to extend this cross-border work by exploring how UK PE teachers conceptualise health and wellbeing (HWB), and to identify the ways in which their conceptualisations align (or not) with their respective curricula. We found some alignment between the teachers’ understanding of HWB and their respective curricular documentation, which was highlighted in the similarities and differences across contexts. Furthermore, all of the PE teachers had some understanding of HWB as a holistic and broad concept. We argue that understanding the various conceptualisations of HWB within and across contexts can serve as a useful foundation for cross-border dialogue, which may support the development of PE teachers’ critical reading of curriculum and their capacity and authority to contribute to future curriculum developments.

„Ich dachte, dass jeder die Situation ähnlich wahrnimmt wie ich.“ Die tschechischpolnische Region „Cieszyn-Silesia“ (Teschener Schlesien) als Beispiel einer polysemen Grenze

This study addresses the issue of “covidfencing” (the resurrection of borders during the COVID-19 pandemic) in the context of the historically and ethnically complex region of Cieszyn Silesia / Těšínské Slezsko / ŚlÄ sk Cieszyński / Teschener Schlesien on the Czech-Polish border. Conducting interviews with cross-border workers, representatives of municipalities or cross-border regions, and a street survey in a border town, this study analyses the impacts of covidfencing on this region between March 2020 and March 2021. Applying the concept of Balibar (2002), this study shows that the border between Czechia and Poland in the Cieszyn Silesia region has characteristics of a polysemic border. Some inhabitants experienced the border closure due to the pandemic situation as an existential threat, some organised protests because they perceive the border region as a whole to be their home, some claim that the resurrection of the border did not influence anything in their lives. This study introduces the complex network of cross-border relationships and discusses the possible reasons for different perceptions of the border.

Hiring in border regions: experimental and qualitative evidence from a recruiter survey in Luxembourg

Firms in border regions typically deal with heterogeneous applicant pools that include both (foreign) domestic workers and cross-border commuters. However, we know little about recruiters’ workforce needs and hiring practices in cross-border labour markets. Based on a survey of real recruiters in Luxembourg, this study presents experimental and qualitative findings on the role of country of residence in recruiters’ hiring intentions against foreigners. Luxembourg presents a rarely studied but highly relevant case for hiring practices owing to a combination of a strong economy, strict labour market regulations, and a transnational workforce. Drawing on data from a factorial survey experiment, we found no discrimination against Portuguese and French applicants living in Luxembourg. Yet, (highly skilled) cross-border workers from France and Germany faced disadvantages regarding recruiters’ hiring intentions. However, differences in effect sizes between foreigners and cross-border workers were small and not statistically significant. When further asked about the potential challenges of recruiting in Luxembourg’s cross-border labour market, respondents expressed concerns about flexibility, poor social fit, and cultural differences in hiring foreign and cross-border employees. Overall, our study provides further points of reference for studies on hiring intentions in cross-border labour markets across Europe.

EU free movement of people: fully recovered or suffering from long COVID?

ABSTRACT The free movement of people (FMP) was one of the first victims of the COVID-19 pandemic in Europe. Calls for better coordination often remained unheard in the initial phase of hectic border closures and mostly resulted in soft EU recommendations. Nevertheless, most restrictions on the FMP were lifted after summer 2020 and could be largely avoided in later waves of the pandemic. We argue that the resilience of the FMP, a fundamental principle of the EU, ultimately depends on policies – borders, welfare, and health – that are still national competence and partly implemented at the regional level. We explain the resilience of the FMP and the observed variation between different border regions by the strength of pre-existing coordinative transgovernmental networks. Our analysis is based on a comparative case study of different German border regions and draws on quantitative data concerning cross-border workers and qualitative interviews with policy-makers and stakeholders.

4.C. Workshop: Promoting health without borders: cross-border public health policy in the Euregio Meuse-Rhine

Abstract For more than 20 years, different public health institutions in the German-Belgian-Dutch border triangle have been involved in cross-border public health activities. The partners in the Euregio Meuse-Rhine (EMR), as this area is called, have jointly implemented studies on COVID-19 and on adolescent risk behaviour. They have established joint health reporting for various purposes and implemented prevention measures together. The special problems in the border regions during the Corona pandemic have once again impressively shown how important cross-border cooperation is - also for cross-border public health policy. In the health sector, orientation towards municipal, state and federal borders does not lead to the desired results. The results of the Euregional COVID 19 study of 2021 show that in this way a ‘borderless’ life - and partly also cross-border health care - cannot be adequately served. In fact, in the everyday life of a border community, there is hardly any difference between a district border and a national border. In the EMR, this is exemplary for the entire European Union, with its many national or local responsibilities. For infectious diseases, lifestyle risks, environmental toxins or climate risks, borders have no meaning. For health, however, they do. Cross-border policy and politics is the appropriate response to real European conditions. The workshop will show the possibilities and results of cross-border policy on the basis of 3 examples from the long-standing cooperation of public health actors from the Euregio Meuse-Rhine. Finally, we will present these factors and put them up for discussion. From these and other activities, the factors that enable or hinder policy along borders can be deduced. We will present these factors, classify their significance and present the possibility of generalisation for cross-border work for discussion. Key messages • Cross-border policy and coordination are the appropriate responses to the current realities in the European Union. • National differences in culture, administration and policy can be obstacles to cooperation; but are usually inspiration for new approaches and input for best practice.

Contemplations on and practical guidelines for cooperation in the Dutch-German borderland

Despite decades of European financial stimulation for cross-border projects, the attention for cross-border cooperation (CBC) is still volatile. The focus on CBC has been fluctuating for decades, depending on political and economic trends among other aspects. Irrespective of that, it remains difficult to encourage citizens in the Dutch-German borderland to engage in cross-border working and living. Without commitment among citizens at grassroots level, CBC will primarily remain an enjoyable pastime for the euroregional elite. Based on scientific debates on border studies, this paper highlights CBC by reflecting on border-related policy. By way of illustration, this research will zoom in on the northern Meuse-Rhine Euroregion, one of the Dutch-German Euroregions. Based on some contemplations on Dutch-German cooperation in recent decades, this article concludes with some action-oriented principles for CBC which could contribute to strengthening its impact.

Creativity in Virtual Teams: The Role of Task Type and Foreign Language Use

Creative teamwork frequently takes place in virtual teams. Both in domestic and cross-border work settings, these teams increasingly often comprise employees who have different native languages, prompting many teams to adopt a common team language, which is a non-native language for many members. Yet, the effects on different types of team creative tasks of working virtually and in a foreign language have remained under-explored. This study addresses how the use of modern synchronous technology affects creative performance in different task types, and how this effect differs depending on foreign or native language. Results are based on an experimental study with 95 dyadic virtual and face-to-face teams, randomly assigned to work in a foreign or native language. Virtual teams outperformed face-to-face teams on verbal creative tasks only when working in a foreign language. Face-to-face teams performed better on nonverbal creative tasks, independent of the language used. Further, tentative evidence suggests that the verbal creative performance of virtual compared to face-to-face teams benefits more from higher team foreign language proficiency but is also more adversely affected by team foreign language anxiety.

Changes in residential satisfaction after relocation: The effects of commuting. A case study of luxembourg cross-border workers

This article aims to unravel the determinants of changes in residential satisfaction after a relocation, and in particular the role of commuting conditions in such changes, for cross-border employees working in Luxembourg, a population characterised by a large proportion of long commutes and high car use. Based on a mobility survey (n = 1,960) which provides information on socio-demographic status, travel behaviours, changes of residence, and perceived residential satisfaction, a multiple linear regression model of changes in residential satisfaction following a residential move is developed. The main results highlight that the worsening commuting conditions experienced by most respondents do not seem to reduce residential satisfaction. Indeed, even as commuting conditions deteriorate in the average case, residential satisfaction rises, especially for households that have moved from a flat to a house and from an urban to a rural area. In the context of the cross-border metropolitan area of Luxembourg, the difficulties in (long) commuting to work do not seem to be a limitation to this suburban model.

Moving across Borders: The Work Life Experiences of Czech Cross-border Workers during the COVID-19 Pandemic.

The experiences of cross‐border workers (CBWs) and the difficulties they face during the ongoing COVID‐19 pandemic have been neglected in previous research. CBWs experience various stressors under normal circumstances, where they are often subjected to unequal working conditions and forced to transition between two different societies. The measures that were introduced in response to the COVID‐19 pandemic, including the implementation of physical borders, further worsened the situation for these individuals. Herein, we draw on qualitative interview data from 35 CBWs from the Czech Republic and Germany to explore their experiences of work, stress, support, and their positioning in society during the pandemic. We detail the dissatisfaction felt by CBWs regarding re‐bordering, the lack of coordination in the crisis management, and the lack of support from national governments and the EU. This study provides unique insights into the difficulties and experiences of CBWs in a time of crisis.

Workers’ Movements and the Global Supply Chain: Introduction

Abstract The global supply chain crisis during the pandemic provides an opportunity to reflect on the vulnerabilities of the just-in-time model of capitalist production. As capital studies and prepares for risks to the global supply chain, so must workers if we are make global systemic changes needed to reverse the many catastrophic crises facing humanity. The articles in this forum re-examine unions and global workers organizing in seven countries to move us past the limited focus on collective bargaining, contracts, labor law, and unions tied to neoliberal political parties to identify and assess strategies for cross-border worker organizing at these choke points to apply pressure, extract gains, and tip the balance of power in their favor.

A Relational Comparison: The Gendered Effects of Cross-Border Work in Palestine within a Global Frame

This article sets the gendered effects of low-wage, cross-border labor in Palestine within a global frame of uneven development. Drawing on fieldwork close to Checkpoint 300, between Bethlehem and Jerusalem, we first provide an account that centers Palestinian women’s social reproduction as coconstitutive of male cross-border employment in the Israeli economy. Discussion then moves to consider gendered work in apartheid-era South Africa with the intention not to draw analogies but to explore how labor articulation situated South Africa within the power geometries of globalization. Returning with these analytical tools, we undertake a relational comparison to reconsider the cross-border as a global space. Cutting-edge security technologies and migrants from Thailand are some of the new objects, ideas, and people that coalesce and reshape Palestinian domestic life. The gendered effects of social reproduction are thus connected to both Israel’s military occupation and its location within global capitalism. The article makes three key contributions by (1) foregrounding women in discussion of cross-border labor, (2) explicating state–global relations in regimes of segregation, and (3) mobilizing relational comparison as a tool for understanding local exploitation within global structures.

The German-Polish Tax Problems of Cross-Border Workers in the COVID-19 Pandemic – When the Remedy is Worse than the Problem

Abstract The article pertains to the tax issues arising from the COVID-19 pandemic in respect of cross-border workers. The main issue is the impact of the restriction in cross-border movements during the pandemic on the determination of the place of work. The authors refer to two situations. The first is when a Polish worker employed by a Polish employer and working abroad cannot return to Poland. The second is when he or she performs work at home in Poland instead of at the normal place of work abroad. The authors consider the legal fiction of carrying out work in the place where it would have been done before the pandemic as a rational solution. However, they are strongly critical of the introduction of such solution via the Mutual Agreement.