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WE COVERED, IN THE LAST issue of European Review,the articles in the British press which had floated the idea that the European Union would shortly legislate on the conditions of temporary, agency workers. The flurry of reactions which this leak occasioned seem ed to have been well-founded as the Commission recently unveiled proposals for just such a directive.
The main principle which the draft directive enshrines is that there should be no discrimination between agency workers and those working alongside them in the organisations that hire them from the agency (referred to as the 'user undertaking'). They should be compared with an equivalent employee at the company. This was the stumbling block which prevented agreement between the employers and trade unions in their previous talks as the employers wanted the comparison to be made with other workers at the same agency.
Non-discrimination must include the duration of working time, rest periods, night work, paid holidays and public holidays, pay, as well as protection given to pregnant women and nursing mothers, children and young people, and action taken to combat discrimination on the grounds of sex, race or ethnic origin, religion or beliefs, disabilities, age or sexual orientation, according to the proposals. However there are exceptions allowed to this non-discrimination principle in certain circumstances. These include when the worker is payed by the agency irrespective of whether or not they are posted to a user undertaking, when agreements are made between agencies and trade unions which protect the rights of their employees and when they are posted for less than six weeks at a time.
Anna Diamantopoulou, Commissioner for employment and social affairs, commenting on the proposals, drew attention to the goals set at the Lisbon summit of increasing the number of jobs in the EU but added 'this proposal not only seeks to create more jobs but also aims to provide "better jobs" for temporary agency workers through a basic minimum of protection throughout the EU. At the same time, it allows considerable margin for manoeuvre at national level in applying the rules in accordance with national practice in the sector'.
In general the European trade unions were pleased with the draft: 'By initiating this legislation, President Prodi and Commissioner Diamantopoulou have stuck by their pledge, reaffirmed at the Barcelona Social Summit, in the face of fierce lobbying by many employers' organizations and some governments' opined the ETUC, although it was critical of the six week exception. Employers' organisation UNICE was less complimentary however 'What the Commission proposes is a bad compromise, which could lead to unnecessary bureaucracy, legal uncertainty and hamper job creation. We launch an appeal to the Council [of ministers] and the European Parliament to find a simpler and more balanced solution', concluded its president Georges Jacobs.
The provisions
Temporary workers shall, during their posting, receive at least as favourable treatment as a comparable worker in the user undertaking in respect of:
the duration of working time, rest periods, night work,paid holidays and public holidays, pay, work done by pregnant women and nursing mothers, children and young people, action taken to combat discrimination on the grounds of sex, race or ethnic origin, religion or beliefs, disabilities, age or sexual orientation.
They should be informed of any vacant posts in the user undertaking so that they have the same opportunity as other workers of finding permanent employment.
Member States should also remove any obstacles to temporary workers concluding a contract of employment with the user undertaking after the posting.
Temporary workers should not be charged any fee by the temporary agency for arranging for their recruitment by a user undertaking.
Member States should improve temporary workers' access to training both in temporary agencies, and in the user undertaking
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