1st Edition

Law, Precarious Labour and Posted Workers A Sociolegal Study on Posted Work in the EU

By Marta Lasek-Markey Copyright 2023

    This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe.

    The ‘posting’ of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law’s regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work.

    This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration.

    1. Introduction. Posted Work in the EU Legal Order 2. Precarious Work: History, Theory and the Law 3. Workers as a Service. Unveiling the Twisted Logic of the 1996 Posted Workers Directive 4. Small Steps Towards Less Precarity. The Reform of the Posted Workers Directive 5. Blue-Collar Posted Workers in the Vicious Cycle of Precarity 6. Outside the Vicious Cycle of Precarity. White-Collar Posted Workers 7. Conclusion. Minimising the Inevitable Precarity of Posted Workers – A Case for Reform?

    Biography

    Marta Lasek-Markey is Postdoctoral Research Fellow in the School of Law at Trinity College Dublin, Ireland.

    "Law, Precarious Labour and Posted Workers is a wonderful study of the law, and lived experience, of posted workers in Europe. It is highly recommended for anyone researching or teaching in the area of precarious work in the EU and beyond." Michael Doherty, Maynooth University, Ireland

    "This book makes an outstanding contribution to labour law scholarship. Combining empirical, doctrinal and comparative methodologies most effectively, this monograph is characterised by its insight and rigour. It will be an invaluable resource for scholars, policy-makers and lawyers alike" Des Ryan, Trinity College Dublin, Ireland