Latest Development on Temporary Agency Workers Directive - Nov '08
In June 2008, a draft of the Temporary Agency Workers Directive was agreed by Member State Ministers at the EU Employment and Social Affairs Council. On 22nd October 2008, the European Parliament voted to approve the proposed new rules for Agency Workers set out in the Directive. Over 3 million Temporary Agency Workers currently working in the EU will benefit from this increased protection in their working conditions.
The Directive includes the following provisions:
- Equal treatment from day one for Temporary Agency Workers compared to permanent workers, in terms of basic working and employment conditions (including pay, holidays, working time, rest periods and maternity leave), unless Social Partners agree otherwise;
- Equal access to collective facilities (such as canteens, childcare facilities, or transport services);
- Better access for agency workers to training, both when working on an assignment, and in between assignments, so as to increase their employability.
The Directive allows Member States to derogate from point 1 above, through Collective Agreements and Social Partnership at national level. This may allow the Social Partners in Ireland to agree to phase in the parity in pay and entitlements for Agency Workers.
Even allowing for a possible agreement to phase in equal treatment in employment conditions, the Directive still amounts to a radical change in the employment relationship with Temporary Agency Workers. Employers may have to reconsider whether it is more appropriate to use an Agency Worker for a particular short-term role, or whether they should simply recruit an employee directly, and put him/her onto a fixed-term or specified purpose contract with the employer.
Following approval by the European Parliament, EU countries are now required to incorporate the provisions of the Directive into their national law, and it will come into effect within 3 years.