Shaping Agency Work Regulation

The EU Directive on Temporary Agency

The EU Directive 208/104/EC, adopted in 2008 has a dual objective: To ensure the protection of temporary agency workers in Europe and to establish a suitable framework for the use of temporary agency work services. 

The Directive recognises the contribution of agency work to job creation and the development of flexible forms of employment.

It establishes the principle of equal treatment, while allowing for a certain flexibilty based on three forms of derations.

The Directive calls upon Member States to review existing restrictions imposed on temporary agency work and sets clear limits to their justifications. Any existing, unjustified restrictions need to lifted. 

At the end of the official transposition phase of the Directive on 5 December 2011 and since then, Eurociett stressed that the Directive has been transposed in an unbalanced way
While national regulation on equal pay is being implemented in the Member States, the review and lifting of existing, unjustified restrictions has not taken place to the extend needed. 
In 2013, the European Commission implemented a review of the Directive's transposition and published a report in March 2014.

Linked to this review process, Eurociett stressed in the context of an EU social partners' consultation that further progress is needed on the lifting of unjustified restrictions on temporary agency work and that Article 4 of the Directive should be directly transposed into national law.

The EU Posting of Workers Directive

The Directive 1996/71 on the posting of workers, sets basic employment and working conditions of workers posted to another EU Member States when providing a service. Temporary agency work is explicitly and fully covered by the Directive.

In 2012, the European Commission has put forward the proposal for a Posting of Workers Enforcement Directive, which aims at ensuring a better application and enforcement of the role on the posting of workers. 

Eurociett fully supports the Commission's intention to ensure a better application an enforcement of the Posting of Workers Directive. This should be achieved by better administrative cooperation, improved access to information and efficient national controls.

Eurociett believes that establishing a system of joint and several liabilty for posted temporary agency workers in the construction sector is not the right way forward.