Full text - European Trade Union Institute (ETUI)

Temporary agency work in the European Union
representation in the user undertaking is controversial. According to earlier
jurisdiction they do not count. In Greece, the law provides that temporary
agency workers shall be included when calculating the threshold for setting
workers representative bodies at the temporary work agency. They shall also
be included in the user undertaking’s calculation, like regular workers employed
directly for the same period of time.
Information and consultation (Article 8)
Article 8 states that user undertakings must provide workers’ representatives
with ‘suitable information’ regarding the use of this form of work within the
company.
Information and consultation on the use of temporary agency work by the
employer already exists in Belgium, Spain (with regard to hiring temporary
agency workers), Poland, Denmark, Austria, Luxembourg and Sweden. However,
in Belgium, following the transposition measures, the user undertaking
has to inform the temporary agency workers on vacant employment positions
in the company. This requirement can be met by means of a general
announcement in a suitable place in the undertaking. In Luxembourg, according
to Article L.134-1, the employer has first to consult the works council
or, if there is no works council, the union representatives when he decides
to turn to temporary agency work or workers on loan. This is also required
for the employer who puts employees at the disposal of other employers as a
temporary loan in accordance with Article L.132-1. The user undertaking has
to submit the contracts of disposal concluded with the employment agency to
the works council or, if the latter does not exist, to the union representatives,
if requested by them. It is important to mention that in Sweden, if the user
undertaking is covered by a collective agreement, then the trade unions that
have signed this agreement have a right of veto concerning the possible use
of temporary agency work. In Greek law (Art. 22 para 3 of L. 2956/2001, as
amended by art.3 of L. 3846/2010) the user employer must provide suitable
information to bodies representing workers (trade unions or work councils)
on the use and number of temporary agency workers, the part of the user
employer’s business plan on the use of temporary agency work, as well as the
possibilities of recruiting temporary workers directly.
In some Member States, workers’ representatives are consulted only under
certain circumstances. For example, in Denmark, information and consultation
of worker representatives takes place only if agreed upon in a collective
agreement. Polish law provides that in case the employer at the user undertaking
intends to hire temporary agency employees for a period longer than
six months, he is obliged to take steps to reach an agreement in this area
with the representative trade unions. The employer at the user undertaking
is also obliged to inform the representative trade union organisation on the
content of the vacant job, as well as the qualifications required for the job,
working time and working conditions. In France, information and consultation
is foreseen once a trimester in undertakings employing more than 300
WP 2012.13 49