Posted Work in the European Union: The Political Economy of Free Movement

Cover
Half Title
Series Page
Title Page
Copyright Page
Contents
Acknowledgements
1 European Integration and the Reconfiguration of National Industrial Relations: Posted Work as a Driver of Institutional Change
	1.1 The Socioeconomic Drivers of EU Posting
	1.2 Competing Legal Principles and the Fundamental Tension of Posted Work
	1.3 Firm Practices as the Driver of Change
	1.4 Pressure on Domestic Institutions and Incremental Change
	1.5 Enforcement Actors and Creative Re-Enactment of Institutions
	1.6 National Institutional Change in Response to Posted Work
	1.7 Feedback and European Level Changes
	1.8 The Chapters and their Contribution to the Argument
	1.9 Conclusions
2 The Benefits of Posting: Facts and Figures on the Use and Impact of Intra-EU Posting
	2.1 Introduction
	2.2 ‘The Posted Worker’: A Multifaceted Notion with a Very Concentrated Impact
	2.3 Benefits of Intra-EU Posting from the Perspective of the Member State of Origin
	2.4 Benefits of Intra-EU Posting from the Perspective of the Host Member State
	2.5 The More We Know about Posting, the Better We Can Discuss it: Perception vs Reality
3 Shifting Employer Strategies in Light of Institutional Change
	3.1 The Norwegian Labour Market Model Meets a New Reality
	3.2 Analytical Framework
	3.3 Methods
	3.4 First Phase – 2004–2008: Use of Posted Workers and Extension of Collective Agreement
	3.5 Second Phase 2009–2013: Individual Labour Migrants and New Court Battles
	3.6 Third Phase 2013–2018: The Puzzle on Equal Treatment and Closure?
	3.7 Discussion and Conclusion
4 Ambiguous Mobility: Polish Transnational Workers Navigating and Changing the Institutional Landscape of Posting
	4.1 Transnational Mobility Regimes, Institutions, and Institutional Change
	4.2 Posted Work and Institutional Ambiguity
	4.3 The Departure: Allowing for the Ambiguity
	4.4 Collaboration and Compliance
	4.5 From Asking Around to Facing a State Institution
	4.6 Trade Unionisation
	4.7 Institutional Navigation and Incremental Changes
	4.8 Concluding Remarks
5 A Comparative Analysis of Union Responses to Posted Work in Four European Countries
	5.1 Introduction
	5.2 How Does Posting Affect Union Rights?
	5.3 Union Responses to Posted Work
	5.4 Finland
	5.5 The Netherlands
	5.6 Germany
	5.7 The United Kingdom
	5.8 Analysis
6 Italian Labour Inspectors Facing Posted Workers Phenomena
	6.1 Introduction
	6.2 The Instrument of Posting in Italy: Sectoral and Geographical Trajectories
	6.3 Business Strategies and Irregularities of Posting
	6.4 Labour Inspectorate’ Actions: Dealing with Complexity
	6.5 Changing Regulatory Framework: New Approaches towards Posting
	6.6 Conclusion
7 Market Integration, Cross-Border Recruitment, and Enforcement of Labour Standards – A Dutch Case
	7.1 Cross-Border Labour Mobility and Enforcement – Introduction
	7.2 Working Method
	7.3 The Role and Function of the Dutch Labour Inspectorate
	7.4 The Dutch Instruments for Enhanced Compliance Control Based on the 2013 Social Pact
	7.5 Assessment of the Intensified Compliance and Enforcement Policy
	7.6 Business Models and Regulatory Engagement Strategies for Circumventing Enforcement
	7.7 The Dutch Practice Against the Background of EU Experiences
	7.8 Cross-Border Recruitment, Compliance, and Enforcement – Some Conclusions
8 Posting of Workers: From a Blurred Notion Associated with ‘Cheap Labour’ to a Tool for ‘Fair Labour Mobility’?
	8.1 Introduction
	8.2 The Legal Framework of Intra-EU Labour Mobility in an Enlarged Internal Market
	8.3 Experiences and Perceptions of Posting in Practice
	8.4 Towards a Comprehensive Set of Regulatory Responses at the EU Level: Enough to Disassociate Posting from Social Dumping?
	8.5 Concluding Remarks
9 Stepping Stones Over Troubled Waters. Recent Legal Evolutions and the Reform of the Posting of Workers Directive
	9.1 Introduction
	9.2 The Reform
	9.3 Stepping Stones
	9.4 Conclusions
10 Labour Subcontracting in Cross-Border Labour Markets: A Comparison of Rule Evasion in Germany and Japan
	10.1 Introduction
	10.2 Dispatched Work in Japan
	10.3 The Posting of Workers Regulation and Germany
	10.4 The Layering of Immigration and Dispatching Regulations in Japan
	10.5 Regulatory Arbitrage through Posting in Germany
	10.6 Regulatory Displacement through Dispatching in Japan
	10.7 Conclusion
Author Biographies
Index