Journal
ECONOMIC AND INDUSTRIAL DEMOCRACY
Volume 42, Issue 4, Pages 1149-1164Publisher
SAGE PUBLICATIONS LTD
DOI: 10.1177/0143831X19853022
Keywords
Construction; Denmark; enforcement; posting of workers; respondent driven sampling
Categories
Funding
- Danish Construction Sectors Educational fund under the project 'Udenlandske arbejdstagere og arbejdsgivere i bygge-og anlaegsbranchen'
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This article examines the challenges of enforcing the labour rights of posted workers in the Danish construction sector, based on interviews, register data, and surveys with 150 Polish workers. It argues that the behavior of posting companies towards host country institutions varies depending on the company's position. While recent reforms to posting rules may address some legal issues, there are still significant enforcement challenges to be faced.
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.
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