On illegal posting by temporary work agencies. Between use and abuse of the European Union’s legislation

This study begins by assessing legislation and case-law related to both the free movement of services and individuals, which can be viewed as a litmus test for the EU integration process. In this analysis, particular attention is given to the issue of illegal job postings, addressing the challenges and vulnerabilities within the existing legal framework. The findings reveal that migrant workers, from both the EU and third countries, are often employed in situations of subcontracting or supplied by temporary work agencies. These circumstances lead to their exploitation and are used as a means to circumvent controls. Consequently, the current situation calls for innovative approaches to improve the equality of employment and working conditions between local and migrant workers.