Access to justice for posted third-country workers

An increasing number of third-country nationals are posted for work from one EU Member State to another, sometimes under abusive conditions, as a 2025 report by the European Labour Authority shows. To better understand how fundamental rights are upheld in the context of labour mobility, the European Union Agency for Fundamental Rights (FRA) is conducting research on access to justice for posted third-country national (TCN) workers. The project examines the fundamental rights implications arising when the labour and/or social security rights of of these workers are violated. By analysing both institutional frameworks and the lived experiences of workers, the research aims to provide evidence-based guidance to strengthen access to justice in practice.
Project Status
Ongoing
Project start date
Januar
2026

What?  

FRA is undertaking research on the experiences of posted third-country national workers whose labour and/or social security rights have been violated. The project analyses the challenges these workers face in seeking justice and accessing an effective remedy as guaranteed by Article 47 of the EU Charter of Fundamental Rights. It will also look at whether remedies are available and how accessibility they are for exploited workers. The research will explore the role of relevant actors supporting workers in their claims, including labour inspectorates, trade unions and civil society organisations. The project focuses on identifying structural barriers, practical obstacles and promising practices related to access to justice.

Why?  

There is limited evidence on how posted third-country national workers access justice when their labour, social security or other rights are violated, and on whether the remedies which are available to them are effective and accessible in practice. This lack of empirical knowledge makes it difficult to assess how existing complaint and redress mechanisms function for this specific group of workers.

The project seeks to address this gap by generating evidence on the challenges experienced by posted TCN workers and on the functioning of enforcement and redress frameworks. In doing so, it builds on FRA’s extensive work since 2015 on severe forms of labour exploitation affecting migrant workers and complements the Agency’s broader research on the protection of workers’ fundamental rights.

How?  

The research combines desk research and fieldwork in selected EU Member States. The study focuses on posted third-country national workers from sending countries, mainly Poland, Slovenia and Spain to receiving countries, such as Germany, the Netherlands and Belgium.

Semi-structured interviews will be conducted with posted TCN workers themselves, as well as with representatives of labour inspectorates, trade unions and civil society organisations supporting them. The findings will form the basis for a FRA report, scheduled for publication in 2027, contributing to evidence-based guidance for EU institutions and Member States on strengthening access to justice for posted TCN