The Challenges of Cross-Border Labour Law Enforcement

The enforcement of labour law in cross-border worker situations has become a pressing issue at both the EU and Member State level. This is particularly true in light of the EU enlargements in 2004 and 2007, which have led to significant wage disparities across EU Member States and an increase in the free movement and posting of workers. Recognizing the importance of labour law enforcement, this book delves into the influence of EU rules and case law on the monitoring and enforcement methods in the Netherlands, Germany, and Sweden.

An Examination of Labour Law Enforcement

This book focuses on three key aspects of labour law enforcement: minimum wages, minimum holiday pay, and minimum holiday allowances. Moreover, it provides valuable insights into the enforcement strategies of these countries' social partners by examining the construction and temporary agency work sectors. Emphasizing the role of Member States in enforcing workers' rights derived from EU law, three enforcement methods are identified: judicial, industrial relations, and administrative enforcement.

EU Rules and Jurisprudence as a Framework

The European Court of Justice (ECJ) has established jurisprudential requirements, such as the principles of equivalence and effectiveness, which serve as a minimum standard for Member State enforcement methods. EU rules, including the Posted Workers Enforcement Directive and the Union Workers Enforcement Directive, provide further guidance on how these methods should be constructed.

Balancing Act: The Challenges of Posting Workers

The posting of workers, based on the freedom to provide services, presents unique difficulties for Member States. The right of employers to provide cross-border services creates limitations on the monitoring and enforcement of posted workers' rights. As a result, Member States face a delicate balancing act between EU rules and case law.

Differences and Similarities in Enforcement Methods

This study reveals both the differences and similarities in the enforcement methods employed by Germany, the Netherlands, and Sweden. It highlights the growing complexity of enforcing workers' rights in cross-border situations and emphasizes the need for a comprehensive approach that combines all three enforcement methods.

Valuable Insights for Academia, Practitioners, and Policy-Makers

By providing an in-depth overview of labour law enforcement in these countries, this book offers valuable information for academia, practitioners, and policy-makers at both the EU and Member State level. It underscores the importance of a nuanced understanding of enforcement methods and the need for tailored approaches in different Member States.