Review article
https://doi.org/10.22598/iele.2026.13.1.9
MISSED OPPORTUNITIES IN EU LABOUR LAW: POSTED WORKERS’ PROTECTION IN SUBCONTRACTING CHAINS
Mario Vinković
orcid.org/0000-0002-6817-7190
; Josip Juraj Strossmayer University of Osijek, Faculty of Law Osijek, Osijek, Croatia
Tena Konjević
orcid.org/0000-0001-9256-9103
; Josip Juraj Strossmayer University of Osijek, Faculty of Law Osijek, Osijek, Croatia
*
* Corresponding author.
Abstract
The paper explores the intricate relationship between business practices in subcontracting chains and the protection of posted workers’ rights in the EU labour market. It provides a concise overview of the evolution of the EU legal framework for posted workers and the corresponding legislation, highlighting its deficiencies in providing comprehensive protection across subcontracting chains. Moreover, the paper focuses on two mechanisms in the existing EU legal framework: the liability scheme and the due diligence as the escape system. Firstly, the research examines the (in)sufficiency of the liability system introduced by the 2014 Enforcement Directive, comparing national implementations. It also criticises the missed opportunity to improve that scheme in PWD 18, highlighting the inadequacies of existing EU legal frameworks in protecting the rights of posted workers within subcontracting chains. Secondly, the paper examines additional lost opportunities to improve the due diligence system, a pivotal element in international, regional, and national discussions of corporate responsibility for rights violations. It analyses the potential for broader application of this mechanism within the scope of posted workers’ legislation, rather than merely as a defence or escape mechanism, emphasising its importance for proactively selecting subcontractors and for compelling contractors to act in the best interests of posted workers. An analysis of recent positive EU actions on human rights due diligence and subcontracting chains supplements the research. Consequently, through a comprehensive study and thoughtful consideration of the existing EU legal framework and analysing its loopholes, the paper aims to contribute valuable insights to the ongoing discourse on the EU’s framework for safeguarding the rights of posted workers in subcontracting chains.
Keywords
posted workers; subcontracting chains; chain liability; due diligence; PWD Enforcement Directive
Hrčak ID:
347867
URI
Publication date:
16.6.2026.
Visits: 70 *