![]() (b) equal treatment for men and women and any action to combat any discrimination based on sex, race or ethnic origin, religion, beliefs, disabilities, age or sexual orientation (a) protection of pregnant women and nursing mothers and protection of children and young people and The basic working and employment conditions of temporary agency workers shall be, for the duration of their assignment at a user undertaking, at least those that would apply if they had been recruited directly by that undertaking to occupy the same job.įor the purposes of the application of the first subparagraph, the rules in force in the user undertaking on: (i) the duration of working time, overtime, breaks, rest periods, night work, holidays and public holidays Ħ Article 5 of Directive 2008/104, entitled ‘The principle of equal treatment’, provides: “basic working and employment conditions” means working and employment conditions laid down by legislation, regulations, administrative provisions, collective agreements and/or other binding general provisions in force in the user undertaking relating to: ‘The purpose of this Directive is to ensure the protection of temporary agency workers and to improve the quality of temporary agency work by ensuring that the principle of equal treatment, as set out in Article 5, is applied to temporary agency workers, and by recognising temporary-work agencies as employers, while taking into account the need to establish a suitable framework for the use of temporary agency work with a view to contributing effectively to the creation of jobs and to the development of flexible forms of working.’ĥ Under Article 3(1)(f) of the directive: (19) This Directive does not affect the autonomy of the social partners nor should it affect relations between the social partners, including the right to negotiate and conclude collective agreements in accordance with national law and practices while respecting prevailing Community law.’Ĥ As set out in Article 2 of that directive, entitled ‘Aim’: (16) In order to cope in a flexible way with the diversity of labour markets and industrial relations, Member States may allow the social partners to define working and employment conditions, provided that the overall level of protection for temporary agency workers is respected. (12) This Directive establishes a protective framework for temporary agency workers which is non-discriminatory, transparent and proportionate, while respecting the diversity of labour markets and industrial relations. It thus contributes to job creation and to participation and integration in the labour market. (11) Temporary agency work meets not only undertakings’ needs for flexibility but also the need of employees to reconcile their working and private lives. ‘(10) There are considerable differences in the use of temporary agency work and in the legal situation, status and working conditions of temporary agency workers within the European Union. – the European Commission, by B.-R. Killmann and D. Recchia, acting as Agents,Īfter hearing the Opinion of the Advocate General at the sitting on 14 July 2022,ġ This request for a preliminary ruling concerns the interpretation of Article 5 of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ 2008 L 327, p. 9).Ģ The request has been made in proceedings between CM and TimePartner Personalmanagement GmbH (‘TimePartner’) concerning the amount payable by TimePartner as pay for temporary agency work carried out by CM at a user undertaking.ģ Recitals 10 to 12, 16 and 19 of Directive 2008/104 state: – the Swedish Government, by H. Eklinder, J. Lundberg, C. Meyer-Seitz, A. Runeskjöld, M. Salborn Hodgson, R. Shahsavan Eriksson, H. Shev and O. Simonsson, acting as Agents, ![]() – the German Government, by J. Möller and D. Klebs, acting as Agents, – TimePartner Personalmanagement GmbH, by O. Bertram, M. Brüggemann and A. Förster, Rechtsanwälte, – CM, by R. Buschmann and T. Heller, Prozessbevollmächtigte, Having regard to the written procedure and further to the hearing on 5 May 2022,Īfter considering the observations submitted on behalf of: REQUEST for a preliminary ruling under Article 267 TFEU from the Bundesarbeitsgericht (Federal Labour Court, Germany), made by decision of 16 December 2020, received at the Court on 18 May 2021, in the proceedingsĬomposed of A. Prechal, President of Chamber, M.L. Arastey Sahún (Rapporteur), F. Biltgen, N. Wahl and J. Passer, Judges, (Reference for a preliminary ruling – Employment and social policy – Temporary agency work – Directive 2008/104/EC – Article 5 – Principle of equal treatment – Need to respect, in the event of derogation from that principle, the overall protection of temporary agency workers – Collective agreement providing for lower pay than that of staff recruited directly by the user undertaking – Effective judicial protection – Judicial review)
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |