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Posting of third-country nationals in the EU: identifying and potentially closing data gaps to better inform policy making

Posting of third-country nationals (TCNs) in the European Union refers to the temporary assignment of workers who are not EU-EFTA citizens by an employer established in one Member State to work in another Member State while remaining on the original employer’s payroll. These workers typically hold a residence and work permit in the Member State where they are employed before being posted elsewhere within the EU.

Recent evidence indicates that posting of TCNs is increasing as a share of total postings. In 2023, 20% of posted workers were not EU-EFTA citizens on average for the countries with available data. This includes Belgium, France, Italy and the Netherlands (ELA).

Despite this increase, there is a lack of comprehensive, harmonized data specifically tracking TCN posted workers over time across the EU. While overall statistics for all posted workers are collected through national prior-declaration systems and EU reporting tools, not all Member States systematically report breakdowns by nationality or TCN status, and reporting standards differ.

More comprehensive evidence on TCN postings would contribute to a better monitoring of migration policies and of the labour market outcomes of TCN in EU countries and their intra-EU mobility. It would also contribute to more targeted monitoring of compliance of labour, social security and immigration rules.

This workshop will be an opportunity to review the recent evidence on posting of third country nationals in EU-EFTA countries. Among others, the workshop will address the following questions:

  • What is the evidence on posting of third country nationals?
  • What are the profiles of TCN posted workers?
  • What is the situation of posted TCN compared to other TCN and to EU posted workers?
  • What are the evidence gaps?
  • What data is available or could be collected to address these gaps?

 

Programme

10h00 Welcoming remarks

  • Ambassador Peter Van De Velde (Ambassador to the OECD, Belgium)
  • Jean-christophe Dumont (Head of the OECD International Migration Division)

10h15 Overall context and legal aspects

  • David-Pascal Dion, DG EMPL, European Commission

10h30 What do we know about posting of third country nationals? What additional data would we need ?

Chair OECD

  • Frederic De Wispelaere (KU Leuven - HIVA Research Institute for Work and Society)

11h00 Coffee break

11h15 Available national data in receiving countries

Chair SPF

  • Germany, Federal Ministry of Labour and Social Affairs
  • Gaby Blom-Faber, Ministry of Social Affairs and Employment and Wim van der Maas Netherland Labour Authority (Netherlands)
  • France, Ministère du travail et des solidarités, DARES
  • Sonila Danaj Team Leader, Employment and Labour Mobility (Austria)

12h15 Lunch break

13h45 Available national data in origin and sending countries

Chair ELA

  • Tilen Zupan, Ministry of Labour, Family and Social Affairs (Slovenia)
  • Mantas Jautakis, State Social Insurance Fund Board, Ministry of Social Security (Lithuania)
  • Spanish Ministry of Inclusion, Social Security and Migration
  • Rui Arrifana, Inspetor do Trabalho, Autoridade para as Condições de Trabalho (Portugal)
  • Bosnia and Herzegovina

14h45 Data sources from social partners and labour inspection systems

Chair Bart Stalpaert (SIIS director and co-chair of the EU Platform against Undeclared Work)

  • Arne Franke, Director EU, International and Economic Affairs at the Confederation of German Employers' Associations, and Vice Chair of Business at OECD’s Employment, Labour & Social Affairs Committee (OECD BIAC)
  • Piet Van den Berg, ACV-CSC Belgium (OECD TUAC)
  • Rits De Boer (Inspector General Dutch Labour Inspectorate)
  • Štefan Domonkos European Labour Authority (ELA)

15h30 coffee break

15h45 Perspective from labour market intermediaries

Chair OECD

  • Jan Drahokoupil (Head of Analysis and Risk Assessment, European Labour Autority)
  • Dr. Mijke Houwerzijl (Tilburg University, Netherlands)
  • Michael Freytag (World Employment Confederation Europe)
  • Jo Antoons (Partner of Fragomen's Brussels office)

16h30  Innovative approaches to collecting data on TCN posting

  • Dries Lens (University of Antwerp, Centre for Social Policy)
  • Mathilde Munoz (Assistant Professor of Economic UC Berkeley)

17h15 Closing session

  • Minister David Clarinval, Deputy Prime Minister and Minister of Employment, Economy and Agriculture, Belgium (TBC)
  • Cosmin Boiangiu, Executive Director of the European Labour Authority  
  • Antoine Kasel, Director for ‘Labour Mobility and International Affairs’ in the Directorate-General for Employment, Social Affairs and Inclusion (DG EMPL)
  • Stefano Scarpetta, Director for Employment Labour and Social Affairs OECD

18h00 End

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