Full text - European Trade Union Institute (ETUI)

Temporary agency work in the European Union
Finally, the question of penalties seems to be an issue in some Member States.
Indeed, in Greece, GSEE believes that the abovementioned penalties, especially
the fines, cannot be considered to be effective, proportionate and deterrent.
In Germany, the regulation on administrative offences and fines was
slightly adjusted. Overall, the sanctions could have been more effective, proportionate
and dissuasive. A problem in this context is the insufficient controls
and inspections by the supervisory authorities. The situation of Portugal
probably raises the most concern as there is an almost intentional void in this
area and it is normally impossible to prove liability in the misuse of temporary
work. In Malta, the enforcement of rights and obligations concerning the
direct liability of a user undertaking towards an employee and direct liability
for loss and damages between a user undertaking and a temporary agency
worker may deemed to face some difficulties.
In Latvia, although the amendments to the Labour Law generally comply with
the requirements of Directive 2008/104, particular attention should be paid
to potential difficulties related to the enforcement of rights and obligations
with regard to the direct liability of a user undertaking towards an employee
and direct liability for loss and damages between a user undertaking and a
temporary agency worker. In Lithuania the liability of the user undertaking is
not foreseen in the transposition measures.
WP 2012.13 53