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Directive 91/383/EEC - fixed-duration or temporary employment relationship

of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship

Objective

This Directive aims at ensuring that workers with an employment relationship governed by a fixed-duration contract or on a temporary employment are afforded the same level of protection as that of other workers.

Definitions

The terms "employment relationships governed by a fixed-duration contract concluded directly between the employer and the worker" and "temporary employment relationships between a temporary employment business (the employer) and the worker" are defined.

Contents

The workers concerned have to be afforded the same conditions as regards health and safety at work as other workers in the undertaking. There is no justification for any difference in treatment under the employment relationship with respect to the health and safety aspects of working conditions, particularly regarding access to personal protective equipment.

The provisions of Directive 89/391/EEC and specific directives apply fully without prejudice to more binding and/or more specific provisions set out in this Directive.

A temporary worker must be informed beforehand of any risks he faces in any activity he takes up. He must be informed of any special occupational qualifications or skills or special medical surveillance required, and if there is increased specific risks involved in the activity.

Member States shall take the necessary measures to ensure that each worker receives sufficient training appropriate to the particular characteristics of the job, account being taken of his qualifications and experience.

Member States may prohibit that temporary workers are being used in tasks that are particularly dangerous, especially work requiring special medical surveillance. Where Member States do not avail themselves of this option, they must adopt the necessary measures to ensure that the temporary workers and those who are called on to perform work requiring special medical surveillance have access to it.

For the duration of the assignment, the user undertaking is responsible for the safety, health and hygiene conditions under which the worker has to work, without prejudice to the responsibility of the temporary employment business. The persons or departments responsible for ensuring that the preventive health rules are complied with must be notified of any assignment of temporary workers.

This Directive shall be without prejudice to existing or future national or Community provisions which are more favourable to the safety and health protection of temporary workers.

Read the full text of the consolidated version of the Directive (including later amendments)

Read the full text of the original Directive (without later amendments)

National laws implementing this Directive

Further information on this topic

See also further document of the European Commission on that topic:

Evaluation of the Practical Implementation of the EU Occupational Safety and Health (OSH) Directives in EU Member States - Directive supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (temporary workers) (2017)