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Overview

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 L aw Unit . Overview. Origins of the Directive

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Overview

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  1. The Directive on temporaryagencywork: main provisions and implementation in the Member States Zagreb, 1 July 2013Bertrand MULLER-SCHLEIDENEuropean CommissionDG Employment, Social Affairs and Inclusion Labour Law Unit

  2. Overview • Origins of the Directive • Main provisions • Implementation in the Member States and Commission report

  3. I. Origins of the Directive • Directive 91/383/EC: health and safetyatwork of fixed-term and temporaryagencyworkers • Agreementsbetween European social partners on part-time (→ Directive 97/81) and fixed-termwork (→ Directive 1999/70); not applicable to temporaryagencywork • ILO Convention No. 181 (1997) on Privateemploymentagencies

  4. I. Origins of the Directive • 2000-2001: negotiations on agencyworkbetween EU-level social partners • 2002: Commission proposal for a Directive on working conditions for temporaryworkers, amendedafter consultation of the European Parliament • Long negotiations in Council • Directive 2008/104/EC on temporaryagencyworkadopted in November 2008

  5. II. Main provisions • Scope (Art. 1): • Workersemployed by temporary-workagency, assigned to user undertakings to worktemporarilyundertheir supervision/direction • Public and privateundertakingsengaged in economicactivities; possible exemption for public training/integration programmes

  6. II. Main provisions • Aim (Art. 2): strikes a balance between: • Protection of agencyworkers and improvement of quality of work by applyingequaltreatment • Recognition of agencies as employers, whilecontributing to creation of jobs and development of flexible forms of working

  7. II. Main provisions • Definitions (Art. 3): main notions: • worker • temporary-workagency • temporaryagencyworker • user undertaking • assignment • basic working and employment conditions

  8. II. Main provisions • Review of restrictions and prohibitions (Art. 4): • Justifiedonly if generalinterest, in particular protection of workers, health and safety, ensurethat labour marketfunctionsproperly and abuses are prevented • Withoutprejudice to national requirements on registration, licensing, financialguarantees, etc.

  9. II. Main provisions • Principle of equaltreatment(Art. 5): • Basic working and employment conditions at least thosethatwouldapply if recruiteddirectly to occupysame job • "basic working and employment conditions": bindinggeneral provisions – on p ay, working time, night work and holidays – in force in user undertaking • Includesrules on protection of pregnantwomen, equaltreatment for men and women, action against discrimination

  10. II. Main provisions • 3 possible derogationsinvolving social partners to variousdegrees: a) on pay, if permanent contract and paymentbetweenassignments: Art. 5(2) b) collective agreementsrespectingoverall protection of workers: Art. 5(3) c) where collective agreementscannotbedeclareduniversally applicable, if adequatelevel of protection; qualifyingperiod possible: Art. 5(4)

  11. II. Main provisions • Access to employment, collective facilities and vocational training (Art. 6): • Informed of vacant posts in user undertaking • Clauses preventingrecruitmentafterassignment to bedeclarednull and void • Agenciescannot charge workersanyfees • Access to collective facilities – canteens, child-care, transport services etc. – in principleundersame conditions as directlyemployedworkers • Improveaccess to training, includingbetweenassignments

  12. II. Main provisions • Representation of temporaryagencyworkers(Art. 7): • Counted in agency, user undertaking or bothwhencalculatingthreshold for setting up bodies representingworkers • Information of workers' representatives(Art. 8): - User undertaking must providesuitable information on use of agencyworkers to bodies representingworkers

  13. II. Main provisions • Minimum requirements(Art. 9): • Right to apply more favourable provisions / collective agreements • Penalties (Art. 10): • Appropriatemeasures if non-compliance by agencies / user undertakings, adequate administrative / judicialprocedures

  14. III. Implementation in the Member States and Commission report • Directive fully applicable sinceDecember 2011 (3-year transposition period), in Croatia as from accession to EU • Member States are responsible for transposition, but social partnersmayintroduce provisions by agreement • By 1 July 2013, all Member States, includingCroatia, have notifiedtheir national transposition measures

  15. III. Implementation in the Member States and Commission report • Aftertransposition deadline/accession, Commission checkscompliance of national implementing provisions and possiblylaunchesinfringementproceedings • By December 2013, Commission willdraw up and publish report on application of Directive (cf. Art. 12), in consultation withMember States and social partnersat EU level:

  16. III. Implementation in the Member States and Commission report • Commission isassisted by Expert Group on transposition (governmentrepresentatives) and social partners • report notably on implementation of equaltreatment and review of restrictions and prohibitions • report willalsoconsideramendments, whereappropriate, notably in relation to cost issues

  17. 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

  18. Thankyou for your attention!

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