Intérim transfrontalier

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Summary

In the greater region SaarLorLux, the development of atypical forms of secondment of workers between Luxembourg and Lorraine was followed. This article focuses on the cross-border secondment of temporary workers from Luxembourg to Lorraine. It turns out that French nationals are often seconded to Lorraine as temporary workers by Luxembourgian agencies. Sometimes they will work close to home. This document is structured into three parts. First, it presents the most important socio-economical dimensions of these secondment practices. Then it shows how the different economic dynamics and social legislation between countries contributed to the development of cross-border mobility (which includes the secondment of workers). Finally, it presents the current elements of the debate about secondment from the point of view of the local representatives of Luxembourg's temping agencies, representatives of the labour union and those responsible at the French labour inspection. The temping agencies in Luxembourg therefore play a determining role for Luxembourg and Lorraine. They use the different tax and social legislations on the order of the companies in Lorraine. For them, temporary workers of Luxembourgian agencies are less expensive than temporary workers from Lorraine. These are qualified workers for industry and construction. They are seconded for relatively long periods and for permanent tasks. These are also workers who have worked for Luxembourgian agencies for a long time. The different levels, employer costs, social security benefits and wages form the basis for the development of such practices. According to those responsible in the temping agencies, such practices are legal, even though they are viewed very critically by labour unions and employees in Lorraine. The labour inspectors also consider them insufficiently controlled due to lack of funds.

Miniature
Summary

Throughout the Greater Saar-Lor-Lux Region, the development of border work has been accompanied by a diversification of its forms such as temporary cross-border labor. Temporary-work agencies have imposed themselves as new intermediaries of employment in these cross-border spaces, privileging the development of particular forms of employment and taking advantage of the different social and fiscal legislations operating in different jurisdictions, as they contribute to the recruitment of the cross-border labor-force. These detached temporary workers are relatively well-trained and well-qualified, and most of all they are tied to the temporary employment agencies. While such detachment of temporary workers remains the classical form of a flexible labor-force allowing for access to human resources not available in a given jurisdiction, it also represents a tool for the management of cross-border labor-cost differentials. On a larger scale, such practices of cross-border detachment threaten to speed up the process of deterritorializing systems of national law, and compel within the GR increased competition between national regulatory systems that have, notably, to do with finance and social protection.