Directive 2008/104 / EC on temporary agency work

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Directive 2008/104 / EC

Title: Directive 2008/104 / EC of the European Parliament and of the Council of November 19, 2008 on temporary agency work
Designation:
(not official) 		Agency Work Policy
Scope: EEA
Legal matter: Employment Law
Procedure overview: European Commission
European Parliament
IPEX Wiki
Come into effect: December 5, 2008
To be
implemented in national law by: 		5th December 2011
Implemented by: in Germany: Temporary Employment Act
Reference: OJ L 327 of December 5, 2008, pp. 9-14
Full text Consolidated version (not official)
basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Directive 2008/104 / EC on temporary agency sets EU-wide minimum standards for working conditions of temporary workers.

According to Article 5, the principle applies that the essential terms and conditions of employment of temporary workers for the duration of their assignment to a user company must in principle at least correspond to those that would apply to them if they were hired directly by that company for the same job would be ( equal pay, equal treatment ).

However, the member states can allow regulations of the social partners (in Germany: collective agreement , in Austria: collective agreement ) to adopt regulations that deviate from the above-mentioned principles (Article 5 Paragraphs 3 and 4). The prerequisite for the wages of the temporary workers being worse off is that the temporary workers have an open-ended employment relationship and that they are also paid in the periods between the assignments.

The directive further regulates the access of temporary workers to employment, community facilities and vocational training, company representation of temporary workers and the information of workers' representatives.

Like all European directives, the directive is addressed to the member states, who have to transpose it into national law within three years.

Directive 91/383 / EEC contains further regulations for temporary employment relationships .

literature

  • Maximilian Fuchs: The equal treatment requirement in temporary work according to the new temporary work directive. In: Neue Zeitschrift für Arbeitsrecht 2/2009, pp. 57–63.

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