Directive 2008/104 - Temporary agency work - Main contents
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Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2008/104 |
| Original proposal | COM(2002)149  |
| CELEX number i | 32008L0104 |
| Document | 19-11-2008 |
|---|---|
| Publication in Official Journal | 05-12-2008; Special edition in Croatian: Chapter 05 Volume 004,OJ L 327, 5.12.2008 |
| Effect | 05-12-2008; Entry into force Date pub. See Art 13 |
| End of validity | 31-12-9999 |
| Transposition | 05-12-2011 |
5.12.2008 |
EN |
Official Journal of the European Union |
L 327/9 |
DIRECTIVE 2008/104/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 November 2008
on temporary agency work
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
This Directive respects the fundamental rights and complies with the principles recognised by the Charter of Fundamental Rights of the European Union (3). In particular, it is designed to ensure full compliance with Article 31 of the Charter, which provides that every worker has the right to working conditions which respect his or her health, safety and dignity, and to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. |
(2) |
The Community Charter of the Fundamental Social Rights of Workers provides, in point 7 thereof, inter alia, that the completion of the internal market must lead to an improvement in the living and working conditions of workers in the European Community; this process will be achieved by harmonising progress on these conditions, mainly in respect of forms of work such as fixed-term contract work, part-time work, temporary agency work and seasonal work. |
(3) |
On 27 September 1995, the Commission consulted management and labour at Community level in accordance with Article 138(2) of the Treaty on the course of action to be adopted at Community level with regard to flexibility of working hours and job security of workers. |
(4) |
After that consultation, the Commission considered that Community action was advisable and on 9 April 1996, further consulted management and labour in accordance with Article 138(3) of the Treaty on the content of the envisaged proposal. |
(5) |
In the introduction to the framework agreement on fixed-term work concluded on 18 March 1999, the signatories indicated their intention to consider the need for a similar agreement on temporary agency work and decided not to include temporary agency workers in the Directive on fixed-term work. |
(6) |
The general cross-sector organisations, namely the Union of Industrial and Employers' Confederations of Europe (UNICE) (4), the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP) and the European Trade Union Confederation (ETUC), informed the Commission in a joint letter of 29 May 2000 of their wish to initiate the process provided for in Article 139 of the Treaty. By a further joint letter of 28 February 2001, they asked the Commission to extend the deadline referred to in Article 138(4) by one month. The Commission granted this request and extended the negotiation deadline until 15 March 2001. |
(7) |
On 21 May 2001, the social partners acknowledged that their negotiations on temporary agency work had not produced any agreement. |
(8) |
In March 2005, the European Council considered it vital to relaunch the Lisbon Strategy and to refocus its priorities on growth and employment. The Council approved the Integrated Guidelines for Growth and Jobs 2005-2008, which seek, inter alia, to promote flexibility combined with employment security and to reduce labour market segmentation, having due regard to the role of the social partners. |
(9) |
In accordance with the Communication from the Commission on the Social Agenda covering the period up to 2010, which was welcomed by the March 2005... |
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