In an attempt to probe the nuanced processes of non-unionization, this article analyses the agency of migrant construction workers and the ways they negotiate and navigate an increasingly flexible and pan-European labour market. Drawing upon qualitative interview data, the article argues that the precarious employment context limits opportunities for effective collective action (and unionization), and that workers employ a wide range of strategies to ‘get by’ and ‘get ahead’ instead. This analysis contributes to an understanding of the resilience of current employment relations by extending the discussion of agency with the category of reworking. Instead of challenging the way cross-border employment relations are organized, migrant construction workers employ various strategies that rework existing conditions to their advantage. On a broader scale, however, these practices contribute to the continuation of current employment relations.
The EU regulatory regime and employers’ cross-border recruitment practices complicate unions’ ability to represent increasingly diverse and transnationally mobile workers. Even in institutional contexts where the industrial relations structure and labour law are favourable, such as the Netherlands, unions struggle with maintaining labour standards for these workers. This article analyses Dutch union efforts to represent hyper-mobile construction workers at the Eemshaven construction sites. It shows that the nexus of subcontracting, transnational mobility, legal insularity and employer anti-unionism complicate enforcement so that even well-resourced unions can, at best, improve employment conditions for a limited set of workers and only for a limited period of time.
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