Agency Workers Directive

Introduction date

TBA

Summary

In May 2008, the government signed a joint declaration with the CBI and TUC, agreeing to a 12-week qualifying period for agency workers to be given equal treatment in a given job.

EU agreement on the terms of the Directive, that will enable this agreement to be brought into legal effect in the United Kingdom, was given at the EU Employment Council meeting of ministers in Jun 2008, and the European Parliament has approved the Directive (Nov 2008).

The main points of agreement in the Directive include:

• equal treatment from day one for temporary agency workers as well as regular workers in terms of pay, maternity leave and leave;
• possibility to derogate from this through collective agreements etc at national level;
• temporary agency workers to be informed about permanent employment opportunities in the user enterprise;
• equal access to collective facilities (canteen, child care facilities, transport service);
• member states have to improve temporary agency workers' access to training and child care facilities in periods between their assignments, so as to increase their employability; and
• member states have to ensure penalties for non-compliance by temporary agencies and enterprises.

The Directive needs to be transposed by member states within three years.