Posted work, enforcement capacity and firm variation: Evidence from the Danish construction sector

TY - JOUR

T1 - Posted work, enforcement capacity and firm variation

T2 - Evidence from the Danish construction sector

AU - Arnholtz, Jens

PY - 2021/11

Y1 - 2021/11

N2 - This article draws on interviews, register data and a survey with 150 Polish posted workers in the Danish construction sector to analyse the challenges of enforcing the labour rights of posted workers. It argues that while posting companies are generally more ‘unruly’ vis-a-vis host country institutions, their way of engaging with these institutions varies depending on whether the company is a main contractor, subcontractor, or a private home service provider. This implies that the enforcement challenges that union and labour inspectors face differ just as the conditions of posted workers vary depending on the employer’s position. The article concludes that while recent reforms to the rules of posting may solve some legal issues, there are still major challenges on the enforcement front.

AB - This article draws on interviews, register data and a survey with 150 Polish posted workers in the Danish construction sector to analyse the challenges of enforcing the labour rights of posted workers. It argues that while posting companies are generally more ‘unruly’ vis-a-vis host country institutions, their way of engaging with these institutions varies depending on whether the company is a main contractor, subcontractor, or a private home service provider. This implies that the enforcement challenges that union and labour inspectors face differ just as the conditions of posted workers vary depending on the employer’s position. The article concludes that while recent reforms to the rules of posting may solve some legal issues, there are still major challenges on the enforcement front.

KW - Faculty of Social Sciences

KW - Construction

KW - Denmark

KW - enforcement

KW - posting of workers

KW - respondent driven sampling

KW - d

U2 - 10.1177/0143831X19853022

DO - 10.1177/0143831X19853022

M3 - Journal article

SN - 0143-831X

SP - 1

EP - 16

JO - Economic and Industrial Democracy

JF - Economic and Industrial Democracy

ER -