Fair labour mobility needs a strong Europe

For some years now, labour migration has been a central component of European labour markets.  Among the many forms of mobility – from cross-border commuting and seasonal work to longer-term employment in other EU countries – the temporary posting of workers in sectors such as transport, construction and care is widely considered particularly high-risk. At the same time, the proportion of third-country nationals working in these sectors is high and growing steadily, including in cross-border forms of employment such as posting.

Political and legal frameworks – including the EU Posted Workers Directive – have been in place since the 1990s and have since undergone multiple reforms. These regulations have undeniably brought about improvements. However, oversight, control mechanisms and enforcement instruments often fail to keep pace with actual developments in transnational labour markets. This results in increased risks of exploitation, including wage theft, precarious working conditions and poor occupational health and safety protection. Workers from non-EU countries face additional barriers when it comes to exercising their rights, because their residence permits are often tied to specific employment, for example.

Against this background, the Friedrich-Ebert-Stiftung (FES) convened the online event Cheap Labour – High Price: Labour Migration and Posting in Europe on 21 January 2026 as part of its Understanding Migration series. The event examined what measures are required to improve conditions for these workers in the long term and provide them with the protection they need. 

Gaps in oversight and enforcement

According to Dr Jan Cremers, independent expert and member of the Board of the European Labour Authority, complex subcontractor chains, on the one hand, and nationally organised monitoring of postings, on the other, are the main reason legal violations often go unpunished. Dr Cremers emphasises that uniform EU-wide structures are essential for effective oversight and worker support, as EU law is repeatedly circumvented when it comes to temporary postings. Fair labour mobility begins with fair recruitment, Cremers argues, and this should be conducted through responsible posting and recruitment agencies. To achieve this, the relevant authorities must have strong cross-border powers – they have to be able to impose sanctions on unscrupulous recruitment agencies, while supporting workers affected by exploitation at the same time. Reinforcing local norms and practices around working and employment conditions is also key to preventing labour standards from being circumvented.

Real-world challenges: Informality, fear and fragmented responsibilities

Drawing on her advisory work, Dragana Bubulj, project manager for the trade union project Fair Labour Mobility EU (FELM), reports that employees often do not have the necessary documents, including a Vander Elst visa. Because workers depend on their employers financially, for accommodation and for their residence rights, they are often reluctant to contact the authorities when problems arise, fearing potential consequences. Employers exploit this dependency, for example by withholding wages or by imposing informal deductions for alleged “agency fees”. Such practices are illegal, but difficult to prove due to their informal nature, explains Bubulj.

An additional complicating factor in Germany is the fragmentation of responsibilities across different authorities and administrative levels. For instance, verifying that an employer has complied with labour legislation – such as the minimum wage – is under the purview of the Financial Control of Undeclared Work Unit (FKS) of the German Customs Administration, while the state Labour Inspectorates are responsible for monitoring occupational health and safety and compliance with working time regulations. Moreover, employees themselves have to pursue claims for back pay, holiday entitlements or bonuses in civil law proceedings, which can be both lengthy and costly.

Cross-border cooperation

Early intervention in cases of grievances or violations relies on close cooperation with governments, supervisory and regulatory bodies, trade unions and industry-specific institutions in the sending countries. Successful bilateral cooperation with Romania, Bulgaria and Moldova demonstrates the potential of cross-border collaboration, as Dr Thomas Fehrmann, Special Representative – Relations with Southeast Europe at the Federal Ministry of Labour and Social Affairs (BMAS), notes. The National Action Plan against Labour Exploitation and Forced Labour, adopted by the German government in 2025 and now being implemented under the auspices of BMAS, provides a comprehensive regional and thematic framework for cooperation within Germany and with international partners.
Ruxandra Empen, Labour Market and Social Affairs Officer at the German Embassy in Bucharest until 2025, emphasised that, alongside national and bilateral initiatives, financial and political support at EU level is essential in this context.

Trade union initiatives further demonstrate how transnational cooperation between advisory centres in countries of origin and destination can be effective. Networks such as Fair European Labour Mobility EU enable workers to receive advice before leaving their home country, in doing so reducing the risk of them falling victim to unscrupulous recruitment practices that can lead to exploitative situations. Reliable funding is essential for this, an area where both the EU and its member states must play their part.

Let’s dare to embrace more Europe.

There is a general consensus that labour mobility in Europe needs to be better regulated, especially in view of the growing labour demand. Whether initiatives such as the EU’s planned Fair Labour Mobility Package truly constitute a step towards strong supranational regulation will not become clear until later this year. What is already clear, however, is that without closer European cooperation and more robust common instruments, enforcing workers’ rights in the single market will continue to pose significant challenges. 

Annemarie Schmidt is a social worker and political scientist specialising in transnationality, migration and social participation. She has analysed developments in migration and integration policy for the Friedrich-Ebert-Stiftung and also helped organise specialist conferences. Before completing her master’s degree in Lund, she worked for the German Red Cross and various different civil society organisations. She is also involved on a voluntary basis in several initiatives, including in support of young refugees.