1. Cross border temporary agency work in the EEA Nick Clark Working Lives Research Institute December 2009

2. Agency Worker Labour user employs contractsworks under direction The triangular relationship

3. Source: CIETT

4. Types of mobility Source: Anne Green, IER, Warwick University

5. Cross-border activities –Multinationals servicing transnational contracts –Posting –Recruitment: to client (direct employment) to temporary work agency –Migrant workers already present

6. Agency in MS 1 Worker in MS1 Labour user in MS2 employs contractsworks under direction The triangular relationship – cross border posting Posted to MS2

7. Agency in MS1 Worker - goes from MS1 to MS2: placed Labour user in MS2 recruits contracts to recruitemployed by The triangular relationship – cross border recruitment

8. Agency in MS2 Worker in MS1: placed in TWA Labour user in MS2 employs contracts works under direction Cross border recruitment to temporary work agency: the diamond relationship Agency in MS1 recruited bysends to

9. Survey extent of cross border TAW description of workers regulations issues sent to Eurociett, UNI-Europa members

10. National responses CountryRespondent(s)Number workers sent Number workers received BelgiumUNI-E-- BulgariaUNI-E2005-10K FranceEurociett969- LuxembourgUNI-E-3-4K NetherlandsJoint-40K PolandJoint14.3K- SpainUNI-E-- SwedenEurociett-2.4-3K UKJoint--

11. Companies using temporary agency workers from Luxembourg, by location Source: Inspection Générale de la Sécurité Sociale, quoted by Véronique De Broeck in Transnational nature of temporary agency work, European Foundation for the Improvement of Living and Working Conditions, £ June 2008

12. SendingReceivingBoth Czech RepublicDenmarkBelgium EstoniaFinlandFrance GermanyItalyNorway HungaryLuxembourgSpain LithuaniaNetherlandsUK PolandSweden Portugal Slovakia Turkey Geography of cross border temporary agency working Inclusion denotes at least one mention in survey responses

13. Posting of workers number of posted workers? estimates only number of posted temporary agency workers? not known specific reference to agency workers in national regulations? no national collective agreements for agency workers? Sweden, Netherlands Generally applicable? Netherlands

14. ServiceSendingReceivingTotal Transport3 (2)7 (5)10 (7) Housing3 (2)8 (6)11 (8) Social security registration3 (1)8 (1)11 (2) Bank account3 (1)7 (2)10 (2) Visa (or equivalent)2 (1)4 (2)6 (3) Job3 (1)8 (1)11 (2) Services provided by agencies to cross border workers Number of replies, figures in brackets refer to number charging fees, N=11

15. Schematic of regulations Source: Mitlach & Burgess (2007), Temporary Agency Work in Germany and Australia International Journal of Comparative Labour Law and Industrial Relations, Vol 23 no 3

16. Key issues: knowledge gaps and non-compliance SendingReceiving LanguageSocial security regulations Licensing/authorisation for temporary work agencies Employment regulations Wage regulation Working environmentHousing, transport, health Accommodation

17. Conclusions Cross-border temporary agency working involves many Member States, but numbers currently unknown Posting not principal form of cross border working Regulatory control patchy at best Non-wage concerns significant Trends not yet clear More and better research needed