European Union Directive on temporary agency work (2008/104/EC)

European Union Directive on temporary agency work (2008/104/EC)
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This Directive, adopted by the European Parliament and the Council in 2008, aims to guarantee protection to temporary workers by recognizing temporary work agencies as employers, while encouraging greater diversity in contractual employment arrangements.

A core principle of the Directive is equality of treatment (Article 5) which is also enshrined in the ILO’s fundamental and migrant worker conventions. The principle of non-discrimination applies to all workers, whether they are employed by an employer or enterprise directly or by a temporary employment agency. At the same time, the Directive requires member states to review restrictions or prohibitions on the use of temporary agency work in consultation with social partners (Article 4).

The Directive also regulates access to employment that is particularly relevant in this context. According to Article 6, a temporary work agency shall not charge workers any fees “in exchange for arranging for them to be recruited by a user undertaking, or for concluding a contract of employment”.

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GFMD 2016 RT 1.1 "Reducing Migration Costs"

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EU; ILO