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12/02/2013

Temporary agency work in the European Union. Implementation of Directive 2008/104/EC in the Member State

ETUI Report 125
ISBN: 978-2-87452-279-6 -  ISBN: 978-2-87452-280-2 (pdf)



Starting with a general overview on domestic transposition measures of Directive 2008/104/CE on temporary agency work, the report then looks at the state of transposition in more detail, article by article. As the rules regarding the scope of the Directive did not seem to be a controversial issue, the focus of the report is on the following: definition of the main notions, restrictions and prohibitions; the principle of equal treatment from day one of the assignment; access to collective rights; implementation of the more favourable clause and the nonregression clause; and implementation of effective, proportionate and dissuasive sanctions. Finally, the report ends with a critical assessment of the transposition measures of the Directives in the domestic legislation of the Member States, revealing worrying trends witnessed in various member states, in which, for example, the transposition measures are unsatisfactory or non-existent, or where Member States have adopted a minimal interpretation of the provisions of the Directive.

author(s): I. Schömann (ETUI), C. Guedes (University of Lyon)
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