Member Article

EU Employment Law delayed

With Watson Burton LLP Law Firm

A new EU law giving temporary workers more rights has been temporarily delayed. The Temporary Agency Work Directive of 19 November 2008 aims to ensure the protection of temporary agency workers by granting them equal employment rights. It has been heavily criticised by business leaders who say that it will destroy the flexibility of the labour market and harm the economy. It is part of a series of EU legislation aimed at improving working conditions, such as the Part Time Workers Regulations.

Member States of the EU have until 5 December 2011 to implement the Directive. In the UK, a bill was presented to the House of Commons by Andrew Miller, a Labour backbencher. As the debate between business leaders and unions continued without any agreements being reached, it was withdrawn. The Government recently announced that it would be delaying the implementation until late 2011.

The Directive has at its heart the principle of equal treatment. It aims to grant agency workers the same rights as if they had been recruited directly by employers. Equal pay is the most important part of this, but other rights are expressly set out in the Directive, in particular, the rights of pregnant women and nursing mothers. The protection of children and young people, are also highlighted, as are the rights to access to vacant permanent posts, collective facilities and vocational training.

Member States have a certain degree of freedom in how they implement the Directive, so long as the level of protection is adequate. They may also include a qualifying period before the new rights take effect. In the UK, the most recent draft regulations have a qualifying period of 12 weeks.

It would appear that the Government’s decision to delay the implementation of the Directive is a response to the poor economic conditions and a desire to not burden industry at a time when it is already struggling. Most employers would rather not take on unknown burdens and so in the short term the Directive may have the unwanted effect of reducing the number of agency workers employed in the UK.

However, it is important to highlight that the Directive also aims to create jobs by helping the development of flexible forms of working so hopefully this will also happen. It will also ensure that agency workers are not abused by unscrupulous employers.

Some will view the Directive as an unwelcome development in an already heavily regulated sector but failure to comply with the new laws will make employers vulnerable to litigation and could potentially lead to employers having to pay out for claims brought by temporary workers.

If you have any questions about this article, or any other employment related matters, please contact Benjamin Hanley of Watson Burton LLP at benjamin.hanley@watsonburton.com.

This was posted in Bdaily's Members' News section by Ruth Mitchell .