EU Agency Workers Directive
The EU Agency Workers Directive (”the Directive”) has been a controversial topic rattling around the EU for several years, and is back on the agenda this month, as EU Ministers have considered the extension of legal rights for temporary workers. The Directive, originally proposed in 2002, has been the subject of extensive delays and wranglings between the member states, as the result of lobbying by business groups and unions.
The key principle of the proposed Directive is the equal treatment of permanent employees, and temporary agency staff. The proposal is that basic working and employment conditions of temporary workers would have to be no less favourable than their permanent employed counter-parts. As currently drafted, the Directive aims to give temporary workers full employment rights after just six weeks.
The EU Council, in considering the Directive, linked the rights of agency workers to the Working Time Directive, and had put pressure on Britain to sign up to the Directive in exchange for guaranteeing the continuation of the 48-hour week opt-out. To date, Britain has persuaded EU Ministers to reject the Agency Workers Directive, but the majority of EU Nations are pushing for the measure to be introduced within weeks. We will keep you updated on the progress of negotiations.