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Strengthening the rights of posted third-country nationals in their EU Member State of residence and employment

Author

Listed:
  • Mijke Houwerzijl

    (Tilburg University, Tilburg, The Netherlands)

  • Imke van Gardingen

    (Vrije Universiteit, Amsterdam and Dutch trade union FNV, Utrecht, The Netherlands)

Abstract

This article questions the trend of admitting third-country nationals to an EU Member State for the purpose of posting them to another EU Member State. The reality of the workers concerned does not match the assumptions underlying the legal regime for intra-EU posting. As a result, it is easier to exploit their labour and their legal immigration status is jeopardised both during and after the posting. This also makes fictitious their ability to exercise rights that depend on this status, such as access to certain social security benefits. The trend of ‘labour immigration for the purpose of posting’ is fuelled by a complex and opaque interplay of regulatory frameworks and ambiguous judicial interpretation of key legal criteria for posting. Recent case-law might help to mitigate this trend. Also, a revised EU directive has potential to marginally improve the rights of posted third-country nationals in the EU state where they are admitted. However, we conclude that more thorough measures are needed.

Suggested Citation

  • Mijke Houwerzijl & Imke van Gardingen, 2025. "Strengthening the rights of posted third-country nationals in their EU Member State of residence and employment," Transfer: European Review of Labour and Research, , vol. 31(1), pages 89-103, February.
    • Handle: RePEc:sae:treure:v:31:y:2025:i:1:p:89-103
    DOI: 10.1177/10242589251324658
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    References listed on IDEAS

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    1. Nathan Lillie & Katarzyna Kärkkäinen & Elif Naz Kayran, 2025. "The uncertain social insurance of intra-EU mobile construction workers," Transfer: European Review of Labour and Research, , vol. 31(1), pages 25-39, February.
    2. Tonia Novitz & Rutvica Andrijasevic, 2020. "Reform of the Posting of Workers Regime – An Assessment of the Practical Impact on Unfree Labour Relations," Journal of Common Market Studies, Wiley Blackwell, vol. 58(5), pages 1325-1341, September.
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    Cited by:

    1. Henriet Baas, 2025. "Challenging ‘migration exceptionalism’ in EU anti-discrimination law: enhancing equal access to social rights for third-country national workers," Transfer: European Review of Labour and Research, , vol. 31(1), pages 71-87, February.
    2. Nathan Lillie & Markku Sippola, 2025. "Introduction to special issue: Access of mobile workers to social rights in the pan-European labour market," Transfer: European Review of Labour and Research, , vol. 31(1), pages 15-24, February.

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