the directive on temporary agency work: main provisions and implementation in the member states...

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The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European Commission DG Employment, Social Affairs and Inclusion Labour Law Unit

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Page 1: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

The Directive on temporary agency work:

main provisions and implementation in the Member States

Zagreb, 1 July 2013

Bertrand MULLER-SCHLEIDENEuropean Commission

DG Employment, Social Affairs and Inclusion Labour Law Unit

Page 2: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

Overview

I. Origins of the Directive II. Main provisions III. Implementation in the Member States and

Commission report

Page 3: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

I. Origins of the Directive

• Directive 91/383/EC: health and safety at work of fixed-term and temporary agency workers

• Agreements between European social partners on part-time (→ Directive 97/81) and fixed-term work (→ Directive 1999/70); not applicable to temporary agency work

• ILO Convention No. 181 (1997) on Private employment agencies

Page 4: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

I. Origins of the Directive

• 2000-2001: negotiations on agency work between EU-level social partners

• 2002: Commission proposal for a Directive on working conditions for temporary workers, amended after consultation of the European Parliament

• Long negotiations in Council• Directive 2008/104/EC on temporary agency

work adopted in November 2008

Page 5: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

II. Main provisions

• Scope (Art. 1): - Workers employed by temporary-work agency,

assigned to user undertakings to work temporarily under their supervision/direction

- Public and private undertakings engaged in economic activities; possible exemption for public training/integration programmes

Page 6: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

II. Main provisions

• Aim (Art. 2): strikes a balance between: - Protection of agency workers and improvement of

quality of work by applying equal treatment - Recognition of agencies as employers, while

contributing to creation of jobs and development of flexible forms of working

Page 7: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

II. Main provisions

• Definitions (Art. 3): main notions:- worker - temporary-work agency- temporary agency worker- user undertaking- assignment- basic working and employment conditions

Page 8: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

II. Main provisions

• Review of restrictions and prohibitions (Art. 4): - Justified only if general interest, in particular

protection of workers, health and safety, ensure that labour market functions properly and abuses are prevented

- Without prejudice to national requirements on registration, licensing, financial guarantees, etc.

Page 9: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

II. Main provisions

• Principle of equal treatment (Art. 5): - Basic working and employment conditions at least

those that would apply if recruited directly to occupy same job

- "basic working and employment conditions": binding general provisions – on p ay, working time, night work and holidays – in force in user undertaking

- Includes rules on protection of pregnant women, equal treatment for men and women, action against discrimination

Page 10: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

II. Main provisions

- 3 possible derogations involving social partners to various degrees:

a) on pay, if permanent contract and payment between assignments: Art. 5(2)

b) collective agreements respecting overall protection of workers: Art. 5(3)c) where collective agreements cannot be declared

universally applicable, if adequate level of protection; qualifying period possible: Art. 5(4)

Page 11: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

II. Main provisions

• Access to employment, collective facilities and vocational training (Art. 6):

- Informed of vacant posts in user undertaking- Clauses preventing recruitment after assignment

to be declared null and void - Agencies cannot charge workers any fees - Access to collective facilities – canteens, child-care,

transport services etc. – in principle under same conditions as directly employed workers

- Improve access to training, including between assignments

Page 12: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

II. Main provisions

• Representation of temporary agency workers (Art. 7):

- Counted in agency, user undertaking or both when calculating threshold for setting up bodies representing workers

• Information of workers' representatives (Art. 8):

- User undertaking must provide suitable information on use of agency workers to bodies representing workers

Page 13: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

II. Main provisions

• Minimum requirements (Art. 9):- Right to apply more favourable provisions /

collective agreements

• Penalties (Art. 10): - Appropriate measures if non-compliance by

agencies / user undertakings, adequate administrative / judicial procedures

Page 14: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

III. Implementation in the Member States and Commission report

• Directive fully applicable since December 2011 (3-year transposition period), in Croatia as from accession to EU

• Member States are responsible for transposition, but social partners may introduce provisions by agreement

• By 1 July 2013, all Member States, including Croatia, have notified their national transposition measures

Page 15: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

III. Implementation in the Member States and Commission report

• After transposition deadline/accession, Commission checks compliance of national implementing provisions and possibly launches infringement proceedings

• By December 2013, Commission will draw up and publish report on application of Directive (cf. Art. 12), in consultation with Member States and social partners at EU level:

Page 16: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

III. Implementation in the Member States and Commission report

- Commission is assisted by Expert Group on transposition (government representatives) and social partners

- report notably on implementation of equal treatment and review of restrictions and prohibitions

- report will also consider amendments, where appropriate, notably in relation to cost issues

Page 17: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

III. Implementation in the Member States and Commission report

More information on the website of the European Commission: http://ec.europa.eu/social/main.jsp?catId=706&langId=en&intPageId=207

Page 18: The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European

Thank you for your attention!