Swedens membership in the European Union have resulted in an international characterized labour market. The construction sector is the area who employs most posted workers among the 7400 employees who monthly enters the market. It’s also the sector where a big part of the work-related deaths occurs. The purpose of this study is therefore to contribute to a greater understanding of the regulation regarding posted workers, their work environment and the consequences of it. I have been using the right dogmatic method and a social science perspective as complement in order to answer the purpose of the study. The application of the posted workers directive has been criticized for opening opportunities for false self-employment and limiting the trade unions rights. Combined with the Laval-case the trade unions have restricted possibilities to enforce the collective agreements and protect the posted workers rights. Subcontracting processes complicates the investigation regarding which employer who has the overall responsibility for safety regulations and work environment. Foreign workers tend to be a big part in these subcontractor chains with major linguistic difficulties and lack of legislation knowledge which increases the risk of accidents. Arbetsmiljöverket is the authority who has the general responsibility for monitoring that the health and safety legislation are respected by all employers. Their investigations are partially based on the statistics of work-related accidents. But when it comes to foreign workers only more serious accidents are reported to the authority. Which means that minor incidents regarding foreign workers never reaches the statistics. In summary, conclusion is drawn that the inspection of posted workers working environment are unsatisfied. The hands of the trade unions are tied by the legislation while the inspections by the monitoring authority are based on inadequate statistics. All that combine with the fact that posted workers tend to be unwilling or lack the knowledge to take action for their rights, leads to openings for employers to take advantage of foreign workers.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:lnu-41447 |
| Date | January 2015 |
| Creators | Eklund, Linus |
| Publisher | Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO) |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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