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Third country posted workers flying under the radar

Thursday 11. April 2024

kl. 14:00–15:00

Live transmission of the event on Fafo-tv

One of the most vulnerable groups of workers within the EU/EEA consists of workers from countries outside the EU, that are posted from one EU Member State to another. Posting from third countries is an increasingly prevalent phenomenon, but the issue appears to be escaping notice in many countries. This webinar was arranged as part of the research project “Better enforcement through improved Nordic-Baltic Cooperation (BETIC)”, commissioned by European Social Fund+.  We presented findings and gather insights from the Norwegian Labour Inspectorate and the European Labour Authority (ELA).

Third-country nationals posted within the EU are primarily employed in the construction, transport, and agriculture sectors. According to a report from the ELA, abusive practices associated with posting include social fraud, fake posting, letterbox companies, undeclared work, and complex contracting arrangements. Due to shared competences between EU and the Member States when it comes to immigration law, national regulations seem to facilitate third country posting in some countries more than others, where posting of third country nationals from e.g. Poland, Lithuania and Slovenia seem to be more common than other countries.

For authorities in the receiving country, one of the greatest challenges lies in determining whether a posting situation is genuine. This could be difficult for posted EU citizens, but even more for third-country nationals, as both the legal rule and the practical situation can be hard to grasp. In Norway, there is no notification system for posted workers in the Labour Inspectorate, and inspections of third-country nationals are particularly problematic, often likened to "black holes."

I this webinar, we posed the following questions:

  • How can enforcement of regulations regarding third-country posting be enhanced?
  • Can increased cross-border cooperation between national labour inspectorates improve enforcement?
  • How can the European Labour Authority (ELA) provide assistance?


You met:

  • Kristin Alsos, Senior Researcher at Fafo. Presentation (pdf)
  • Federico Pancaldi, European Labour Authority (ELA). Presentation (pdf)
  • Senior Inspector Cecilie Myrvold, Norwegian Labour Inspectorate

Moderator: Anne Mette Ødegård, Senior Researcher at Fafo

eu flagAction 101059244 BETIC
is funded by the European Social Funds (ESF+)