Cross-border temporary agency work:Social sustainability of a business model (too often) based on regulatory arbitrage

Presentation held at the European Regional Congress of the International Society for Labour and Social Security Law (ISLSSL) on Temporary Agency Work in the context of cross-border movement & service provision within the EU

Digitalisation and Mobility of EU-Workers/Services ; Digitalisierung und Mobilität von EU-Arbeitnehmer/ Dienstleistungen ; Digitalisation et Mobilité des Travailleurs et Services Européens:EUROPEAN LABOUR LAW NETWORK – 8TH ANNUAL LEGAL SEMINAR DIGITALISATION AND LABOUR LAW

New work patterns, such as casual work, work-on-demand, crowd-sourcing, ICT-based mobile work, where workers can do their job from any place at any time and where connectedness through internet and electronic platforms, are on the rise. These new forms of (net)working, facilitated by the digitalization of the labour market, pose new challenges to worker mobility law in the European Union and the cross-border application of labour law. For example, in case employees are (fully or partly) tele-working at home, from different countries, for a business situated in an EU member state, or in different countries, the question is whether European free movement law applies and how this relates to principles of applicable (labour) law. The question is not only if they are workers in the understanding of labour law, but also whether they are cross-border workers in the context of free movement of workers/services principles