The «business of labor supply» and its action in the field of the European Union under the freedom to provide service

[Commentary on the stjue, second chamber, of 10 february 2011, joined cases c-307/09 to c-309/09, sc vicoplus puh (c-307/09), bam vermeer contracting sp. Zoo (c-308/09), olbek industrial services sp. Zoo (c-309/09) and minister van sociale zaken in werkgelegenheid]

Abstract

Transnational activity of the «workforce provider companies» or «temporary work companies» is suspiciously seen, especially in times of economic crisis and massive unemployment, in the European Union member States work markets to which these companies move employees. Such lack of confidence does not exist in respect of the transnational contractors and subcontractors carrying out their activity in the same ambit of the European Union, notwithstanding the substantial coincidence between «employment outsourcing» (temporary work companies) and «productive outsourcing» (contractors and subcontractors), since the differentiation criteria used to distinguish such externalisations (exercise of the employer direction’s power) is fallacious. Its coincidence is enormous, both are inherent to the globalization or universalization of our times.