Temporary Agency Workers Update

The European Parliament approved the Directive on Temporary Agency Work in October 2008 and it was finally adopted on 19 November 2008. The Directive must be implemented by the EU Member States including the UK by 5 December 2011.

Looking at the Directive ...

The Directive applies to temporary agency workers who are assigned to “user undertakings” (ie businesses) to work temporarily under their supervision and direction. The basic working and employment conditions for temporary agency workers must be the same as those who had been
recruited directly to do the job (ie permanent staff). This includes protection for pregnant and nursing mothers (presumably including maternity leave), protection from all types of discrimination and the same pay as the permanent staff. In the UK, it is proposed that temporary agency workers will only qualify for the same pay as the permanent staff after working for a minimum of 12 weeks.

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