1. The Directive on temporary agency work: main provisions and implementation in the Member States Zagreb, 1 July 2013 Bertrand MULLER-SCHLEIDEN European Commission DG Employment, Social Affairs and Inclusion Labour Law Unit

2. Overview I. Origins of the Directive II. Main provisions III. Implementation in the Member States and Commission report

3. I. Origins of the Directive Directive 91/383/EC: health and safety at work of fixed-term and temporary agency workers Agreements between European social partners on part-time ( → Directive 97/81) and fixed-term work ( → Directive 1999/70); not applicable to temporary agency work ILO Convention No. 181 (1997) on Private employment agencies

4. I. Origins of the Directive 2000-2001: negotiations on agency work between EU-level social partners 2002: Commission proposal for a Directive on working conditions for temporary workers, amended after consultation of the European Parliament Long negotiations in Council Directive 2008/104/EC on temporary agency work adopted in November 2008

5. II. Main provisions Scope (Art. 1): - Workers employed by temporary-work agency, assigned to user undertakings to work temporarily under their supervision/direction - Public and private undertakings engaged in economic activities; possible exemption for public training/integration programmes

6. II. Main provisions Aim (Art. 2): strikes a balance between: - Protection of agency workers and improvement of quality of work by applying equal treatment - Recognition of agencies as employers, while contributing to creation of jobs and development of flexible forms of working

7. II. Main provisions Definitions (Art. 3): main notions: - worker - temporary-work agency - temporary agency worker - user undertaking - assignment - basic working and employment conditions

8. II. Main provisions Review of restrictions and prohibitions (Art. 4): - Justified only if general interest, in particular protection of workers, health and safety, ensure that labour market functions properly and abuses are prevented - Without prejudice to national requirements on registration, licensing, financial guarantees, etc.

9. II. Main provisions Principle of equal treatment (Art. 5): - Basic working and employment conditions at least those that would apply if recruited directly to occupy same job - "basic working and employment conditions": binding general provisions – on pay, working time, night work and holidays – in force in user undertaking - Includes rules on protection of pregnant women, equal treatment for men and women, action against discrimination

10. II. Main provisions - 3 possible derogations involving social partners to various degrees: a) on pay, if permanent contract and payment between assignments: Art. 5(2) b) collective agreements respecting overall protection of workers: Art. 5(3) c) where collective agreements cannot be declared universally applicable, if adequate level of protection; qualifying period possible: Art. 5(4)

11. II. Main provisions Access to employment, collective facilities and vocational training (Art. 6): - Informed of vacant posts in user undertaking - Clauses preventing recruitment after assignment to be declared null and void - Agencies cannot charge workers any fees - Access to collective facilities – canteens, child- care, transport services etc. – in principle under same conditions as directly employed workers - Improve access to training, including between assignments

12. II. Main provisions Representation of temporary agency workers (Art. 7): - Counted in agency, user undertaking or both when calculating threshold for setting up bodies representing workers Information of workers' representatives (Art. 8): - User undertaking must provide suitable information on use of agency workers to bodies representing workers

13. II. Main provisions Minimum requirements (Art. 9): - Right to apply more favourable provisions / collective agreements Penalties (Art. 10): - Appropriate measures if non-compliance by agencies / user undertakings, adequate administrative / judicial procedures

14. III.Implementation in the Member States and Commission report Directive fully applicable since December 2011 (3- year transposition period), in Croatia as from accession to EU Member States are responsible for transposition, but social partners may introduce provisions by agreement By 1 July 2013, all Member States, including Croatia, have notified their national transposition measures

15. III.Implementation in the Member States and Commission report After transposition deadline/accession, Commission checks compliance of national implementing provisions and possibly launches infringement proceedings By December 2013, Commission will draw up and publish report on application of Directive (cf. Art. 12), in consultation with Member States and social partners at EU level:

16. III.Implementation in the Member States and Commission report - Commission is assisted by Expert Group on transposition (government representatives) and social partners - report notably on implementation of equal treatment and review of restrictions and prohibitions - report will also consider amendments, where appropriate, notably in relation to cost issues

17. III.Implementation in the Member States and Commission report More information on the website of the European Commission: http://ec.europa.eu/social/main.jsp?catId=706&lang Id=en&intPageId=207

18. Thank you for your attention!