The Temporary Agency Work Directive''
2008/104/EC
is an

EU Directive The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...

agreed in November 2008 which seeks to guarantee those working through

employment agencies An employment agency is an organization which matches employers to employees. In developed countries, there are multiple private businesses which act as employment agencies and a publicly-funded employment agency. Public employment agencies One ...

equal pay and conditions with employees in the same business who do the same work. It is the third piece of legislation in the

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been ...

's employment law package to protect atypical working (the others being for part-time workers and fixed-term workers). Though it was proposed in 2002, the British, German, Danish and Irish governments blocked its enactment until 2008.

Provisions

The Directive on temporary agency work includes two main principles, which are at the same time at the centre of a balanced approach to regulation on temporary agency work: Article 4 sets clear limits to prohibitions and restrictions that may be imposed on the use of temporary agency work. These are only justified on grounds related to the protection of temporary agency workers, to ensure that the labour market functions properly and that abuses are prevented. EU Member States are obliged to review prohibitions and restrictions on temporary agency work until and to report to the

European Commission The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...

. Article 5 establishes the principle of equal treatment for temporary agency workers. The basic employment and working conditions shall be – for the duration of the assignment at the user company – equal to those of a worker employed directly by that company to occupy the same position. Article 5 allows for derogations from this principle for open-ended contracts providing pay between assignments (Article 5, paragraph 2), to uphold collective labour agreements (Article 5, paragraph 3) or based on agreements of social partners (Article 5, paragraph 4).

Purpose

As with several other EU directives in the area of employment and social policy, the political purpose of this directive is to set common minimum standards for temporary agency work in the EU. The political goals this serves is to prevent "unfair competition" between different member states. Common minimum standards are preferred by politicians to prevent a "

race to the bottom Race to the bottom is a socio-economic phrase to describe either government deregulation of the business environment or reduction in corporate tax rates, in order to attract or retain usually foreign economic activity in their jurisdictions. While ...

" where every country tries to deregulate to attract business, and, theoretically, all end up "losing". The political goals are to ensure a higher

standard of living Standard of living is the level of income, comforts and services available, generally applied to a society or location, rather than to an individual. Standard of living is relevant because it is considered to contribute to an individual's quality ...

and

quality of life Quality of life (QOL) is defined by the World Health Organization as "an individual's perception of their position in life in the context of the culture and value systems in which they live and in relation to their goals, expectations, standards ...

, consistent with the aims of the

Treaty on European Union The Treaty on European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU form the basis of EU law, by setting out general principles of the EU's pu ...

.see, Art.3 TEU and ''Defrenne v. Sabena (No.2)'' where the

European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Uni ...

holds that Europe is not just an economic union, but intended also for social development. Critics contend that the policies increase labour market inefficiencies and ultimately raise unemployment levels and reduce business output, leading to lowered living standards for those not already securely seated in permanent positions in the labour market.

Notes

References

;Articles *N Countouris, 'The Temporary Agency Work Directive: Another Broken Promise?'

009 009 may refer to: * OO9, gauge model railways * O09, FAA identifier for Round Valley Airport * 0O9, FAA identifier for Ward Field, see List of airports in California * British secret agent 009, see 00 Agent * BA 009, see British Airways Flight ...

38(3) ILJ 329 *E McGaughey, 'Should Agency Workers be Treated Differently?' (2010) {{SSRN, 1610272 ;Newspaper stories
Guardian
(21 May 2008)
EU Observer
(17 December 2008)

External links

Full text of the proposed Directive
(COD 2002/0149) with introductory text laying out its aims.
Full .pdf text of the implemented Directive
(2008/104/EC)
Agency Workers Regulations 2010
implementing the Directive in

UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equi ...

European Commission website on the Directive on temporary agency workNational transposition laws in the Member StatesEU Sectoral Social Dialogue on temporary agency work, including the joint declaration (2008) on the DirectiveEuropean Confederation of Private Employment AgenciesUni-EuropaThe invisible hand of the EU Temporary and Agency Workers Directive
– An essay from a worker's rights perspective European Union labour law European Union directives 2008 in law 2008 in the European Union European Union employment directives 2008 in labor relations Temporary employment

Provisions

Purpose

See also

Notes

References

External links