New Rights for Agency Workers

After many failed attempts over the last six years by the EU Council of Ministers to agree on proposals to improve the employment rights of agency workers, the European Parliament has finally approved the draft Agency Workers Directive without amendments, so it can now become law.

The European Commission estimates that there are three million temporary agency workers currently working across the European Union who will benefit from better protection of their working conditions.

The Temporary Agency Workers Directive will ensure:

• equal treatment from day one for temporary agency workers compared with permanent workers in terms of basic working and employment conditions (including pay, holidays, working time, rest periods and maternity leave), unless social partners agree otherwise;

• equal access to collective facilities (such as canteens, child care facilities or transport services); and

• better access for agency workers to training, both when working on an assignment, and in between assignments.

However, a compromise deal made between the Government, trade unions and employers means that agency workers in the UK will not be given these rights until they have been in a given job for 12 weeks. Although pay is included, occupational benefits (e.g. sickness benefit and pension schemes) that recognise the long-term relationship between employer and permanent employee are excluded.

EU member countries will have three years to incorporate the provisions of the Directive into national law. For an update on progress see the BERR website.

Given the state of the UK economy, the Recruitment & Employment Confederation is calling for the implementation of the Directive in the UK to be pushed back to avoid putting more jobs at risk. Chief Executive, Kevin Green, said, “In the current downturn, temporary jobs are a vital resource for employers who are unwilling to take on permanent staff as well as providing opportunities for jobseekers. Temporary workers will also play a vital role as the economy picks up. It is essential therefore that we avoid adding any unnecessary bureaucracy and cost to the provision of agency workers.”