A step towards the protection of temporary agency workers in Europe

UNI-Europa welcomes the common position reached by the European council of social ministers on 9th June 2008. After many years of political debate and negotiation an agreement has finally been reached on regulations to be applied across Europe on working conditions of temporary agency workers. UNI-Europa welcomes the fact that the text generally matches the declaration agreed with its employer counterpart Eurociett on 28th May 2008 .
Equal treatment between temporary agency workers and workers in the user company should be the rule from the first day of assignment. The proposed overall qualifying period of 6 weeks has been deleted from the text. This is a victory for the trade union movement that strongly campaigned against any discrimination.
Derogation from equal treatment can be decided as long as the protection of temporary agency workers is safeguarded. It will be the social partner's responsibility at national level to decide if and under which circumstances such a derogation is possible.
When the adoption procedure is completed, the directive on working conditions for temporary agency workers will set up minimum standards for all and at the same time promote social dialogue as an adequate means for the implementation of the directive.
UNI-Europa welcomes the fact that Member States shall take appropriate measures to prevent successive assignments and any derogation to the principle of equal treatment designed to circumvent the protection of temporary agency workers.
However weaknesses remain in the current text. UNI-Europa regrets in particular the legal uncertainty created by the loose definition of the comparable worker.
The second reading of the European Parliament could contribute to improving the protection of temporary agency workers. Any attempt to weaken the current agreement should be firmly opposed and UNI-Europa will consider if there are possibilities to improve it.
At a time when welfare state is jeopardised, UNI-Europa will in particular try to to ensure that occupational security schemes including pension, sick pay and financial participation be covered by the principle of equal treatment.
UNI-Europa will support its affiliated organisations to contribute to an effective and positive implementation of the legislation at national level, as soon as the adoption process is completed. The aim is to ensure an efficient protection of temporary workers in their working environment.