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Directive 2008/104/EC - temporary agency work

of 19 November 2008 on temporary agency work

Objectives


The Directive aims to ensure the protection of temporary agency workers and to improve the quality of temporary agency work by ensuring the principle of equal treatment is applied to temporary agency workers, and by recognising temporary-work agencies as employers. It applies to public and private undertakings which are temporary-work agencies or user undertakings engaged in economic activities whether or not they are operating for gain.


Definitions


"Temporary agency worker" means a worker with a contract of employment or an employment relationship with a temporary-work agency with a view to being assigned to a user undertaking to work temporarily under its supervision and direction.


Content


The basic working and employment conditions of temporary agency workers regarding the duration of working time, overtime, breaks, rest periods, night work, holidays and public holidays and pay shall be the same as if they were recruited directly (not via an agency) for the same job.


Agency workers should have the same access to the amenities or collective facilities (in particular canteen, child-care facilities, transport services) in the user undertaking and under the same conditions as workers employed directly by the undertaking.


Read the full text of the Directive


National laws implementing this Directive


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