Social partners issue joint declaration on draft EU directive for temporary agency workers

The European social partners for the temporary agency work sector, Eurociett and UNI-Europa, have reached an agreement on a joint declaration on the draft directive on working conditions for temporary agency workers. The agreement urges the European Union to set a regulatory framework for temporary agency work, applying the equal treatment principle for temporary agency workers with regard to their basic working and employment conditions.

Debate on temporary agency work directive

In 2001, the European Commission had proposed a directive on working conditions for temporary agency workers, which was part of an overall approach seeking to define common minimum rules for non-standard forms of employment (EU0802019I). The proposed directive has two main objectives, namely to establish the principles of equal treatment and non-discrimination of temporary agency workers and to oblige EU Member States to review existing restrictions imposed on temporary work agencies. Following the first reading in the European Parliament, the draft directive has been blocked in the Council since 2004, due to a fundamental controversy between Member States on the non-discrimination principle.

Relaunch of political debate on the directive

In the second half of 2007, the political debate on the directive was relaunched and is now moving towards an agreement at EU level. In this context, the association representing temporary agency work businesses, the European Confederation of Private Employment Agencies (Eurociett) and a major player in the European trade union movement, UNI-Europa, representing workers in services and communication, reached an agreement on a joint declaration on the draft directive on working conditions for temporary agency workers. The two European social partners urge the European Union to set a regulatory framework for temporary agency work (TAW), applying the equal treatment principle for temporary agency workers with regard to their basic working and employment conditions.

Aims and content of joint declaration

According to Eurociett and UNI-Europa, the joint declaration, which reconciles the interests of the sector’s social partners, should be seen as a balanced and integral deal, and be taken as a package, with each article complementing each other.

The key points of the [joint declaration (43Kb PDF)](http://www.uni-europa.org/unieuropan.nsf/fff4a2b8da7e5278c125701a003204ac/ea25eee0a7469265c1257458004a8ec4/$FILE/Eurociett-UNI Europa joint declaration on AWD - May 08.pdf) are as follows:

• Eurociett and UNI-Europa acknowledge that temporary agency work can play a positive role in the labour market, contributing to the implementation of active labour market policies and meeting the requirements of the Lisbon Strategy;

• the joint declaration recognises the principle of equal treatment for temporary agency workers from day one; however, some derogations to this principle are possible, such as a qualifying period, to be agreed on by national representative social partners. This highlights the need to find an implementation that is adapted to the national context;

• the text proposes to improve the current draft directive by providing definitions for the comparability of workers, extending the comparison of the working and employment conditions to those workers doing the same or similar job in the user company;

• the European social partner organisations underline the necessity to review, on a regular basis, restrictions imposed on temporary agency work, and the subsequent lifting of those deemed outdated or unjustified. On the other hand, it recognises the necessity of certain restrictions to prevent potential abuses. At the same time, it clarifies that temporary agency work fulfils specific needs and complements other forms of employment;

• according to the joint declaration, the directive on working conditions for temporary agency workers must be linked to other existing directives dealing with the TAW sector, such as Council Directive 96/71/EC on the posting of workers in the framework of the provision of services;

• Eurociett and UNI-Europa agree that temporary agency workers should not replace workers on strike.

Commentary

Both organisations are requesting that the EU Council, Commission and European Parliament take the joint declaration into account in their forthcoming discussions on the Directive on working conditions for temporary agency workers. The President of Eurociett, Annemarie Muntz, declared:

The agreement (…) is the fruit of a constructive dialogue between responsible social partners of a significant and developing industry (…) We are now calling on the EU institutions to take full account of the content of the joint declaration, when discussing the draft Temporary Agency Work Directive, in order to reach an agreement as soon as possible.

The UNI Europa General Secretary, Bernadette Ségol, stated:

It is the first time that European social partners agree on the principle of equal treatment from day one. It is now urgent that the EU institutions finally agree on a directive on TAW to protect the interest of workers.

Volker Telljohann and Francesca Sbordone, Institute for Labour Foundation, Bologna