The European Federation of Building and Woodworkers (EFBWW) and industriAll European Trade Union are deeply concerned about the opinion delivered by the European Court of Justice (CJEU) advocate general in Case C‑784/19 involving a temporary employment agency (TEA) based in Bulgaria and posting workers to Germany.
The advocate general suggests: “unless the existence of fraud or abuse is established, it is not necessary that a substantial part of its employee placement activity is performed for hirer undertakings established in the same Member State.”
EFBWW and industriAll Europe warn that if this opinion is upheld, it will provide an important incentive to set up letterbox companies, acting as temporary work agencies and posting cheap labour to other Member States.
Read the full press release here.