BETA


2002/0072(COD) Temporary agency work

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead EMPL DÉSIR Harlem (icon: PSE PSE)
Former Responsible Committee EMPL VAN DEN BURG Ieke (icon: PES PES)
Former Committee Opinion LIBE
Former Committee Opinion ECON
Former Committee Opinion JURI GARGANI Giuseppe (icon: PPE-DE PPE-DE)
Former Committee Opinion FEMM MANN Thomas (icon: PPE-DE PPE-DE)
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 137-p2-a2/3

Events

2014/03/21
   EC - Follow-up document
Details

The Commission presents a report on the application of Directive 2008/104/EC on temporary agency work.

To recall, the purpose of this text is to ensure the protection of temporary agency workers and to improve the quality of temporary agency work by ensuring that the principle of equal treatment is applied to temporary agency workers, and by recognising temporary-work agencies as employers , while taking into account the need to establish a suitable framework for the use of temporary agency work with a view to contributing effectively to job creation and to the development of flexible forms of working.

In particular, the Directive:

establishes the principle of equal treatment in user undertakings, while allowing for certain limited derogations under strict conditions; provides for a review by the Member States, during the transposition period, of restrictions and prohibitions on the use of agency work; improves agency workers’ access to permanent employment, to collective facilities in user undertakings and to training; includes provisions on the representation of agency workers.

Objectives of the report : the aim of this report is twofold:

it provides an overview of how Member States have implemented the Directive and highlights key problems; it examines whether experience gained in applying the Directive, two years after the end of its transposition period, may justify any amendments to the text currently in force.

State of transposition : t he report was drawn up on the basis of the Commission’s examination of Member States’ provisions implementing the Directive. Member States were under a duty to transpose the Directive into national law by 5 December 2011.

The report notes that all Member States have transposed the Directive but that in a number of cases, transposition occurred late and only after the Commission had launched infringement proceedings . In early 2012, the Commission sent letters of formal notice for non-communication of transposition measures to 15 Member States. Later that year, reasoned opinions were sent to three Member States. In the Member State that was the last to transpose the Directive, the implementing legislation entered into force on 1 July 2013. Transposition was carried out in a variety of different ways. This is linked to the fact that before the Directive became applicable, temporary agency work was regulated by law in some Member States, mainly through collective agreements in others, or by a combination of both. Some Member States did not have a legal framework applicable to temporary agency work, so they specifically regulated this form of work for the first time while transposing the Directive.

The analysis presented in the report shows that, in general, the provisions of the Directive seem to have been correctly implemented and applied . However, the analysis has also shown that the twofold goal of the Directive has not yet been fully fulfilled . On one hand, the extent of the use of certain derogations to the principle of equal treatment may, in specific cases, have led to a situation where the application of the Directive has no real effects upon the improvement of the protection of temporary agency workers .

On the other hand, the review of restrictions and prohibitions on the use of temporary agency work has served, in the majority of cases, to legitimate the status quo, instead of giving an impetus to the rethinking of the role of agency work in modern, flexible labour markets .

The Commission will continue to closely monitor the application of the Directive, taking into account further developments in the fields of labour law and temporary agency work, to ensure that its goals are adequately achieved and that its provisions are completely and correctly transposed in all Member States. In this context, the Commission will work in close contact with the Member States and the social partners within the working group that will follow the application of the Directive, as well as in other for a.

In addition, the Commission intends to tackle any problems in the implementation of the Directive with the appropriate means, including infringement proceedings where necessary. Complaints lodged with the Commission against Member States, petitions and preliminary questions to the Court of Justice may also constitute an important source of information as to national measures or practices that would be incompatible with the Directive.

Review of the Directive is not necessary : the Commission acknowledges the significant work that has been carried out on transposition of the Directive, in particular in Member States where there was either no legislation specifically regulating temporary agency work, or where the principle of equal treatment was recognised in national law for the first time.

As regards possible amendments to the Directive, the Commission states that more time is needed to accumulate experience in its application and to determine whether it has fully reached its objectives. There is as yet no case law of the Court of Justice on its application.

In that context and in the light of the Commission’s own assessment of the application of the Directive, taking into account views expressed by Member States and European social partners during the consultation process for this report, the Commission takes the view that no amendments are necessary at this stage .

2014/03/21
   EC - Follow-up document
2008/12/05
   Final act published in Official Journal
Details

PURPOSE: to provide a minimum EU-wide level of protection to temporary agency workers.

LEGISLATIVE ACT: Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work.

CONTENT: the aim of this Directive is to ensure the protection of temporary agency workers and to improve the quality of temporary agency work by ensuring that the principle of equal treatment, as set out in the text, is applied to temporary agency workers, and by recognising temporary work agencies as employers, while taking into account the need to establish a suitable framework for the use of temporary agency work with a view to contributing effectively to the creation of jobs and to the development of flexible forms of working.

Scope: the Directive applies to workers with a contract of employment or employment relationship with a temporary work agency who are assigned to user undertakings to work temporarily under their supervision and direction. 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. Member States may, after consulting the social partners, provide that this Directive does not apply to employment contracts or relationships concluded under a specific public or publicly supported vocational training, integration or retraining programme.

Review of restrictions or prohibitions : prohibitions or restrictions on the use of temporary agency work must be justified only on grounds of general interest relating in particular to the protection of temporary agency workers, the requirements of health and safety at work or the need to ensure that the labour market functions properly and abuses are prevented. By 5 December 2011, Member States shall, after consulting the social partners in accordance with national legislation, collective agreements and practices, review any restrictions or prohibitions on the use of temporary agency work in order to verify whether they are justified on the grounds mentioned in the text.

The principle of equal treatment : the basic working and employment conditions of temporary agency workers shall be, for the duration of their assignment at a user undertaking, at least those that would apply if they had been recruited directly by that undertaking to occupy the same job.

As regards pay, Member States may provide that an exemption be made to the principle of equal treatment where temporary agency workers who have a permanent contract of employment with a temporary-work agency continue to be paid in the time between assignments.

In addition, Member States must specify whether occupational social security schemes, including pension, sick pay or financial participation schemes are included in the basic working and employment conditions. Such arrangements shall also be without prejudice to agreements at national, regional, local or sectoral level that are no less favourable to workers.

The directive sets out provisions on access to employment, collective facilities and vocational training , as well as provisions on the representation of temporary agency workers.

Review by the Commission : by 05/12/2013, the Commission must review the application of the Directive with a view to proposing, where appropriate, the necessary amendments.

ENTRY INTO FORCE: 05/12/2008.

IMPLEMENTATION: 05/12/2011.

2008/11/19
   CSL - Draft final act
Documents
2008/11/19
   CSL - Final act signed
2008/11/19
   EP - End of procedure in Parliament
2008/10/22
   EP - Results of vote in Parliament
2008/10/22
   EP - Decision by Parliament, 2nd reading
Details

The European Parliament adopted a legislative resolution approving the Council’s common position for adopting a directive of the European Parliament and of the Council on temporary agency work. The recommendation for second reading (under the codecision procedure) had been tabled for consideration in plenary by Harlem DESIR (PES, FR) on behalf of the Committee on Employment and Social Affairs.

Documents
2008/10/20
   EP - Debate in Parliament
2008/10/08
   EP - Committee recommendation tabled for plenary, 2nd reading
Documents
2008/10/08
   EP - Committee recommendation tabled for plenary, 2nd reading
Documents
2008/10/07
   EP - Vote in committee, 2nd reading
Details

The Committee on Employment and Social Affairs adopted a report drafted by Harlem DESIR (PES, FR) and approved the Council common position for adopting a directive of the European Parliament and of the Council on temporary agency work.

2008/09/29
   EP - Committee draft report
Documents
2008/09/22
   EP - Committee referral announced in Parliament, 2nd reading
2008/09/18
   EC - Commission communication on Council's position
Details

The Commission states that a number of European Parliament's amendments, taken into account fully, partly or in spirit in the Council's common position and the Commission's amended proposal.

Recitals: specifying the links between this proposal and Directive 1999/70 of 28 June 1999 on fixed-term work; adding a provision stipulating that temporary agency workers may not replace striking workers in the user undertaking.

Scope: rewording the scope to illustrate more clearly the triangular nature of temporary agency work; confirming that both user undertakings and temporary work agencies are covered by the Directive.

Aim: reinforcing the balanced aims of the Directive.

Definitions: deleting the definition of a comparable worker from the definitions in Article 3; adding the definition of a temporary agency; adding the definition of a user undertaking; an amendment stipulating that it is up to the Member States to define pay and specifying workers who cannot be excluded from the scope of the Directive.

Review of restrictions or prohibitions: extending the obligation on the Member States to review restrictions or prohibitions pertaining only to certain categories of workers or certain branches to include all restrictions or prohibitions; extending the scope of justifications for prohibitions/restrictions; specifying that national requirements concerning the registration and monitoring of temporary work agencies are not prohibitions or restrictions within the meaning of the Directive.

The principle of equal treatment: acceptance of the part rewording the principle of non-discrimination; restricting the exemption to remuneration and requiring consultation of the social partners; acceptance of the part on prior consultation of the social partners and enabling them to uphold existing collective agreements.

Access to employment, collective facilities and vocational training: amendment specifying how information on vacancies may be made public; arrangements whereby temporary work agencies may be recompensed for services rendered to user enterprises; specifying the scope of the prohibition on charging fees to workers; specifying the scope of the amenities and collective facilities in the user enterprise to which temporary agency workers should be afforded access.

Representation of temporary workers: taking account of the fact that workers' representation may be determined by collective agreements.

Other amendments which have been accepted by the Commission, but not adopted in the common position aim to: specify that implementation of Article 5 (principle of equal treatment) through an agreement between the social partners should be in line with national practice; restrict exemption to pay in the case of short-term contracts; leave the choice to workers as to whether to pursue direct action or action through their representatives where the provisions of the Directive are not being complied with.

Whilst the common position does not reflect all of the amendments proposed by Parliament and incorporated into the Commission's amended proposal, the majority of Parliament's amendments have nonetheless been adopted either in whole, in part or in spirit. In general it should be stressed that the common position considerably enhances the text of the initial proposal and responds to the European Parliament's desire to ensure that the principle of equal treatment, as regards basic working and employment conditions, between temporary agency workers and the workers directly recruited by user companies should have effect as of day one of their assignments. Progress has been made on several issues such as; the direct application of the principle of equal treatment for agency workers from the first day of an assignment without any exception for short-term assignments (so-called "grace period"), the clarification of definitions, and either consultation with, or involvement of, the social partners as a condition applying to the various derogations that permit some deviation from the equal treatment principle.

Prohibitions or restrictions on the use of temporary agency work can only be maintained after the implementation of the Directive if they are justified on grounds of general interest. At that stage, any continuing prohibitions or restrictions must be subject of review and made the subject to a report to the Commission. In the interests of subsidiarity, differing national practices as regards labour market conditions and industrial relations practice among the Member States can be accommodated through affording scope for derogation from the principle of equal treatment by collective agreement or - under specific conditions - by agreement between the national social partners.

2008/09/15
   CSL - Council position published
Details

The Council adopted, by qualified majority, a common position with a view to the adoption of an amended proposal for a Directive of the European Parliament and the Council on temporary agency work. The Belgian, Hungarian, Maltese and Portuguese abstained.

The common position includes a majority of the amendments (26 in total) resulting from Parliament's first reading of the Commission's proposal.

The general structure of the common position is in line with the general structure of the Commission's amended proposal. Specifically, the Council accepted an amendment to the title of the Directive, three amendments to the recitals as well as a number of amendments to the following articles: Article 1 on the scope, Article 2 on the aim of the Directive, Article 3 on definitions, Article 4 on the review of restrictions and prohibitions, Article 5 on the principle of equal treatment, Article 6 on access to employment, collective facilities and vocational training and Article 7 on the representation of temporary agency workers.

The main differences from the Commission's amended proposal are as follows:

Review of restrictions and prohibitions on the use of temporary workers (Article 4) : while essentially following the spirit of the Parliament's amendment, the Council added a new paragraph concerning the review of agreements negotiated by the social partners. The Council considered that, in order to respect their autonomy, the social partners should themselves review whether the restrictions and prohibitions negotiated by them were justifiable on the grounds set out in the first paragraph of Article 4. The Council did not consider it necessary to retain an explicit reference to the discontinuation of unjustified restrictions and prohibitions.

Principle of equal treatment (Article 5) : while generally following the Commission's amended proposal, the Council modified the text. The Council also considered that the principle of equal treatment from day one should be the general rule. Any treatment of temporary agency workers differing from that principle should be agreed by the social partners, either through collective bargaining or through social partner agreements concluded at national level. In the light of the modifications made to the text, a specific exemption for short-term contracts (six weeks or shorter), as envisaged in the Commission's amended proposal, was therefore no longer considered necessary or appropriate.

The common position reflects those of the Parliament's amendments which stress the importance of the role of social partners in negotiating arrangements on working and employment conditions. It also echoes the Parliament's concerns in relation to the prevention of misuse.

Penalties (Article 10) : the common position includes a new paragraph concerning measures the Member States are expected to take in order to ensure compliance with the Directive by temporary work agencies and user undertakings.

Implementation (Article 11) : the Council considered that the Member States would need three years to implement the Directive, while the Commission had proposed a two-year implementation period.

In addition, a number of recitals have been updated and modified, in order both to explain the modifications introduced by the Council to the Commission's amended proposal and to describe developments since the amended proposal was published in 2002. For example, references to the relaunch of the Lisbon Strategy, in 2005, and to the agreed common principles of flexicurity, endorsed by the European Council in December 2007, were included in the recitals.

Following the Commission's amended proposal, the Council did not accept the amendment which would have extended the possibility of not applying the Directive to employment contracts or relationships concluded under specific training programmes without any public support.

It also rejected an amendment calling for a comprehensive review of national legislations concerning temporary agency workers. The Council considered that this would be outside the scope of the Directive. Another two amendments to Article 5 were considered to be superfluous, one on non-discrimination and the other on safety and health at work and on safety training.

Documents
2008/09/15
   CSL - Council Meeting
2008/06/24
   EP - DÉSIR Harlem (PSE) appointed as rapporteur in EMPL
2008/06/09
   CSL - Council Meeting
2007/12/05
   CSL - Debate in Council
Details

The Council sought to reach political agreement on the draft Directive aimed at establishing working conditions for temporary agency workers.

Already, in July, the Presidency announced that it would consult with different Member States in order to evaluate the conditions for balanced solutions concerning the legislative files under discussion in the (EPSCO) Council.

After extensive bilateral consultations with different Member States and the Commission, the Presidency decided to present compromise proposals for the Directive “temporary agency workers” as well as the Directive on “working time” (see COD/2004/0209 ). Both draft directives had been discussed separately, but the Presidency considered they were linked since they deal with central aspects of the regulation of contemporary labour markets.

Given the difficulties in finding separate solutions for each of the files, the Presidency decided that there would be added value in working on a simultaneous and integrated solution, thus allowing Member States to find a balance between the two directives that would be acceptable from the political point of view.

This joint approach was widely accepted by a large majority of Member States, in the Council. The connection between the two directives, and more specifically the proposals presented by the Presidency, was considered a solid and viable basis for negotiation towards an agreement on both.

The Presidency explored different solutions, within the balanced framework underlying the proposals, to reach an enlarged consensus that would be politically desirable.

Bearing in mind the fact that this linked proposal was still very recent, as well as the sensitive nature of these directives for some Member States and the importance of exploring all attempts to reach as broad an agreement as possible before the final decision was taken, the Council agreed that the best option at this moment was to postpone a decision , in order to further pursue the dialogue.

Nevertheless, the Presidency noted that a vast majority of Member States had spoken in favour of an integrated solution for the directives , building an overall equilibrium between the two. Thus, and respecting the dominant orientation within the Council, the Presidency stressed that this openness to dialogue and consensus sought only to strengthen the conditions for a solution that reflected the position of a clear and strong majority. The proposals presented are a major step forward, because they now open up an appropriate way of reaching a solution on these files. There is a real margin for political decision in 2008 , building on the solid basis for progress that the Council has just established. The forthcoming presidencies and the Commission might proceed with efforts to achieve a positive and final outcome on both directives, given the importance of the issues at stake and the specific needs of many Member States.

Progress on the “temporary agency workers” Directive: the draft Directive aims to establish, at European level, a common legal framework to regulate temporary agency work. It seeks to strike a balance between flexibility and job security, while completing a package of measures aimed at regulating working conditions for so-called "atypical" workers. It will, in its turn, be complemented by Directive 91/383/EEC of 25 June 1991, supplementing the measures to encourage improvements in safety and health at work.

The draft Directive would apply to workers who have an employment relationship with a temporary agency and who would perform temporary work under the supervision and direction of a user undertaking. It aims to ensure the protection of temporary agency workers and to improve the quality of agency work by ensuring, in particular, that the principle of equal treatment – in relation to workers recruited by the user undertaking to occupy the same job – is applied. Temporary agencies would be recognised as employers.

The main outstanding issues may be summarised as follows:

– prohibitions and restrictions on temporary agency work, in particular, their review or removal;

– the principle of equal treatment, possible exceptions to that principle and the maximum length of assignments to which such exceptions can apply.

Documents
2007/12/05
   CSL - Council Meeting
2004/10/04
   CSL - Debate in Council
Details

The Council held a policy debate on the draft directive. Discussion focused mainly on the outstanding issue of equal pay and conditions for temporary workers. It was recognised that further efforts would be needed to enable the Council to reach and acceptable compromise for all delegations. Accordingly, the Presidency undertook to pursue its reflections as a matter of urgency, taking especially into account the link which the European Parliament has established between this proposal and the recent Working Time proposal. The draft directive aims at striking a balance between flexibility and job security. It completes a package of measures aimed at regulating working conditions for so-called "atypical" workers. Temporary work is seen as a key factor in meeting the requirements of the reform strategy laid down by the Lisbon European council in March 2000, as it allows for both the growth of employment and increased competitiveness.

Documents
2004/10/04
   CSL - Council Meeting
2003/06/02
   CSL - Debate in Council
Documents
2003/06/02
   CSL - Council Meeting
2003/03/06
   CSL - Debate in Council
Documents
2003/03/06
   CSL - Council Meeting
2002/11/28
   EC - Modified legislative proposal published
2002/11/21
   EP - Text adopted by Parliament, 1st reading/single reading
2002/11/21
   EP - Decision by Parliament, 1st reading
Documents
2002/11/20
   EP - Debate in Parliament
2002/10/21
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2002/10/21
   EP - Vote in committee, 1st reading
2002/10/21
   EP - Committee report tabled for plenary, 1st reading
Documents
2002/10/18
   EP - Amendments tabled in committee
Documents
2002/10/08
   CSL - Debate in Council
Documents
2002/10/08
   CSL - Council Meeting
2002/09/26
   EP - Amendments tabled in committee
Documents
2002/09/18
   ESC - Economic and Social Committee: opinion, report
2002/09/10
   EP - Committee opinion
Documents
2002/09/10
   EP - GARGANI Giuseppe (PPE-DE) appointed as rapporteur in JURI
2002/09/05
   EP - Committee draft report
Documents
2002/08/28
   EP - Committee opinion
Documents
2002/06/03
   CSL - Debate in Council
Documents
2002/06/03
   CSL - Council Meeting
2002/04/23
   EP - VAN DEN BURG Ieke (PES) appointed as rapporteur in EMPL
2002/04/18
   EP - MANN Thomas (PPE-DE) appointed as rapporteur in FEMM
2002/04/08
   EP - Committee referral announced in Parliament, 1st reading
2002/03/20
   EC - Legislative proposal
2002/03/20
   EC - Legislative proposal published

Documents

Activities

Votes

Recommandation Désir A6-0373/2008 - bloc #

2008/10/22 Outcome: -: 617, +: 66, 0: 15
EL CY MT SI EE LU LV IE DK FI LT BG SK SE CZ PT AT HU NL BE RO FR IT ES PL GB DE
Total
22
5
4
5
6
6
7
13
14
13
11
16
12
18
21
20
16
20
26
22
30
65
66
49
51
70
90
icon: GUE/NGL GUE/NGL
37

Cyprus GUE/NGL

2

Ireland GUE/NGL

1

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1

Finland GUE/NGL

For (1)

1

Sweden GUE/NGL

2

Portugal GUE/NGL

3

Netherlands GUE/NGL

2

France GUE/NGL

2

Spain GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1
icon: NI NI
26

Bulgaria NI

2

Slovakia NI

3

Czechia NI

Against (1)

1

Austria NI

For (1)

1

Belgium NI

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1

Italy NI

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3
2
icon: IND/DEM IND/DEM
19

Ireland IND/DEM

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1

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2

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1

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2

Poland IND/DEM

3

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6
icon: Verts/ALE Verts/ALE
38

Luxembourg Verts/ALE

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1

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1

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1

Finland Verts/ALE

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1

Sweden Verts/ALE

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1

Austria Verts/ALE

2

Belgium Verts/ALE

2

Romania Verts/ALE

Against (1)

1

Italy Verts/ALE

2

Spain Verts/ALE

Abstain (1)

3

United Kingdom Verts/ALE

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3
icon: UEN UEN
39

Denmark UEN

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1

Lithuania UEN

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1
icon: ALDE ALDE
92

Cyprus ALDE

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1

Slovenia ALDE

2

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2

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1

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1

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1

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2

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1

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1
2
icon: PSE PSE
189

Malta PSE

2

Estonia PSE

3

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1

Ireland PSE

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1

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3

Lithuania PSE

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3

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2
icon: PPE-DE PPE-DE
258

Cyprus PPE-DE

2

Malta PPE-DE

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2

Slovenia PPE-DE

3

Estonia PPE-DE

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1

Luxembourg PPE-DE

3

Latvia PPE-DE

2

Denmark PPE-DE

Against (1)

1
3

Lithuania PPE-DE

1

Recommandation Désir A6-0373/2008 - am. 2 #

2008/10/22 Outcome: -: 622, +: 60, 0: 12
EL CY SI MT EE LU LV IE SE CZ FI DK BG LT SK AT PT NL BE HU RO FR IT ES PL GB DE
Total
22
5
4
4
6
6
7
12
18
21
13
13
15
11
12
15
20
25
21
21
30
65
67
49
50
68
94
icon: GUE/NGL GUE/NGL
36

Cyprus GUE/NGL

2

Ireland GUE/NGL

1

Sweden GUE/NGL

2

Finland GUE/NGL

For (1)

1

Portugal GUE/NGL

3

Netherlands GUE/NGL

2

France GUE/NGL

2

Spain GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1
icon: NI NI
23

Czechia NI

Against (1)

1

Bulgaria NI

2

Slovakia NI

3

Belgium NI

Against (1)

1

Italy NI

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3
2

United Kingdom NI

Abstain (1)

6
icon: IND/DEM IND/DEM
19

Ireland IND/DEM

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1

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2

Czechia IND/DEM

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1

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1

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3
icon: Verts/ALE Verts/ALE
40

Luxembourg Verts/ALE

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1

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1

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1

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1

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1

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2

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2

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Against (1)

1

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2

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Abstain (1)

3

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3
icon: UEN UEN
38

Ireland UEN

3

Denmark UEN

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1

Lithuania UEN

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1
icon: ALDE ALDE
89

Cyprus ALDE

Against (1)

1

Slovenia ALDE

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1

Estonia ALDE

Against (2)

2

Luxembourg ALDE

Against (1)

1

Latvia ALDE

Against (1)

1

Ireland ALDE

Against (1)

1

Sweden ALDE

Against (1)

Abstain (1)

2

Austria ALDE

Against (1)

1

Hungary ALDE

Against (1)

1
2
icon: PSE PSE
190

Malta PSE

2

Estonia PSE

3

Luxembourg PSE

Against (1)

1

Ireland PSE

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1

Czechia PSE

For (1)

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2

Finland PSE

3

Lithuania PSE

2

Slovakia PSE

3
icon: PPE-DE PPE-DE
259

Cyprus PPE-DE

2

Slovenia PPE-DE

3

Malta PPE-DE

Against (2)

2

Estonia PPE-DE

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1

Luxembourg PPE-DE

3

Latvia PPE-DE

2
3

Denmark PPE-DE

Against (1)

1

Lithuania PPE-DE

1

Recommandation Désir A6-0373/2008 - am. 3 #

2008/10/22 Outcome: -: 618, +: 65, 0: 12
EL CY MT SI LU EE LV SE IE CZ FI DK LT BG SK PT AT BE NL HU RO FR IT ES PL GB DE
Total
23
5
4
5
5
6
7
18
13
21
13
13
11
16
12
20
16
21
26
21
29
65
67
49
49
69
91
icon: GUE/NGL GUE/NGL
36

Cyprus GUE/NGL

2

Sweden GUE/NGL

2

Ireland GUE/NGL

1

Finland GUE/NGL

For (1)

1

Portugal GUE/NGL

3

Netherlands GUE/NGL

2

France GUE/NGL

2

Spain GUE/NGL

For (1)

1

United Kingdom GUE/NGL

1
icon: NI NI
27

Czechia NI

Against (1)

1

Bulgaria NI

2

Slovakia NI

3

Austria NI

For (1)

1

Belgium NI

Against (1)

1

Italy NI

Against (1)

3
2
icon: IND/DEM IND/DEM
20

Greece IND/DEM

Abstain (1)

1

Sweden IND/DEM

For (1)

Against (1)

2

Ireland IND/DEM

Abstain (1)

1

Czechia IND/DEM

Against (1)

1

Denmark IND/DEM

For (1)

1

Netherlands IND/DEM

2

Poland IND/DEM

3
icon: Verts/ALE Verts/ALE
39

Luxembourg Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Sweden Verts/ALE

For (1)

1

Finland Verts/ALE

Against (1)

1

Denmark Verts/ALE

Against (1)

1

Austria Verts/ALE

2

Belgium Verts/ALE

2

Romania Verts/ALE

Against (1)

1

Italy Verts/ALE

2

Spain Verts/ALE

Abstain (1)

3

United Kingdom Verts/ALE

3
icon: UEN UEN
39

Denmark UEN

Against (1)

1

Lithuania UEN

Against (1)

1
icon: ALDE ALDE
91

Cyprus ALDE

Against (1)

1

Slovenia ALDE

2

Luxembourg ALDE

Against (1)

1

Estonia ALDE

Against (2)

2

Latvia ALDE

Against (1)

1

Sweden ALDE

Against (1)

Abstain (1)

2

Ireland ALDE

Against (1)

1

Austria ALDE

Against (1)

1

Hungary ALDE

Against (1)

1
2
icon: PSE PSE
185

Malta PSE

2

Estonia PSE

3

Ireland PSE

Against (1)

1

Czechia PSE

For (1)

Against (1)

2

Finland PSE

3

Lithuania PSE

2

Slovakia PSE

3
icon: PPE-DE PPE-DE
258

Cyprus PPE-DE

2

Malta PPE-DE

Against (2)

2

Slovenia PPE-DE

3

Luxembourg PPE-DE

3

Estonia PPE-DE

Against (1)

1

Latvia PPE-DE

2
3

Denmark PPE-DE

Against (1)

1

Lithuania PPE-DE

1

History

(these mark the time of scraping, not the official date of the change)

docs/0/docs/0/url
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events/0/docs/0/url
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http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2002/0149/COM_COM(2002)0149_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2002/0149/COM_COM(2002)0149_EN.pdf
events/1/type
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Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament, 1st reading
events/4/type
Old
Vote in committee, 1st reading/single reading
New
Vote in committee, 1st reading
events/5
date
2002-10-21T00:00:00
type
Committee report tabled for plenary, 1st reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-5-2002-0356_EN.html title: A5-0356/2002
events/5
date
2002-10-21T00:00:00
type
Committee report tabled for plenary, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/A-5-2002-0356_EN.html title: A5-0356/2002
events/6/docs/0/url
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http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20021120&type=CRE
New
https://www.europarl.europa.eu/doceo/document/EN&reference=20021120&type=CRE
events/7
date
2002-11-21T00:00:00
type
Decision by Parliament, 1st reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-5-2002-0562_EN.html title: T5-0562/2002
summary
events/7
date
2002-11-21T00:00:00
type
Decision by Parliament, 1st reading/single reading
body
EP
docs
url: http://www.europarl.europa.eu/doceo/document/TA-5-2002-0562_EN.html title: T5-0562/2002
summary
events/16/docs/0/url
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events/17/docs/0/url
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events/19/docs/0/url
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New
https://www.europarl.europa.eu/doceo/document/TA-6-2008-0507_EN.html
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
rapporteur
name: DÉSIR Harlem date: 2008-06-24T00:00:00 group: Socialist Group in the European Parliament abbr: PSE
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
date
2008-06-24T00:00:00
rapporteur
name: DÉSIR Harlem group: Socialist Group in the European Parliament abbr: PSE
committees/1
type
Former Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
rapporteur
name: VAN DEN BURG Ieke date: 2002-04-23T00:00:00 group: Party of European Socialists abbr: PES
committees/1
type
Former Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
date
2002-04-23T00:00:00
rapporteur
name: VAN DEN BURG Ieke group: Party of European Socialists abbr: PES
committees/4
type
Former Committee Opinion
body
EP
associated
False
committee_full
Legal Affairs and Internal Market
committee
JURI
rapporteur
name: GARGANI Giuseppe date: 2002-09-10T00:00:00 group: European People's Party (Christian Democrats) and European Democrats abbr: PPE-DE
committees/4
type
Former Committee Opinion
body
EP
associated
False
committee_full
Legal Affairs and Internal Market
committee
JURI
date
2002-09-10T00:00:00
rapporteur
name: GARGANI Giuseppe group: European People's Party (Christian Democrats) and European Democrats abbr: PPE-DE
committees/5
type
Former Committee Opinion
body
EP
associated
False
committee_full
Women's Rights and Equal Opportunities
committee
FEMM
rapporteur
name: MANN Thomas date: 2002-04-18T00:00:00 group: European People's Party (Christian Democrats) and European Democrats abbr: PPE-DE
committees/5
type
Former Committee Opinion
body
EP
associated
False
committee_full
Women's Rights and Equal Opportunities
committee
FEMM
date
2002-04-18T00:00:00
rapporteur
name: MANN Thomas group: European People's Party (Christian Democrats) and European Democrats abbr: PPE-DE
docs/7/docs/0/url
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New
http://www.europarl.europa.eu/doceo/document/A-5-2002-0356_EN.html
docs/8/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2002-562
New
http://www.europarl.europa.eu/doceo/document/TA-5-2002-0562_EN.html
docs/11/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-373&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-6-2008-0373_EN.html
events/5/docs/0/url
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http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2002-356&language=EN
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http://www.europarl.europa.eu/doceo/document/A-5-2002-0356_EN.html
events/7/docs/0/url
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http://www.europarl.europa.eu/doceo/document/TA-5-2002-0562_EN.html
events/8/docs/0/url
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http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2002/0701/COM_COM(2002)0701_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2002/0701/COM_COM(2002)0701_EN.pdf
events/16/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-373&language=EN
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http://www.europarl.europa.eu/doceo/document/A-6-2008-0373_EN.html
events/19/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-507
New
http://www.europarl.europa.eu/doceo/document/TA-6-2008-0507_EN.html
activities
  • date: 2002-03-20T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2002/0149/COM_COM(2002)0149_EN.pdf title: COM(2002)0149 type: Legislative proposal published celexid: CELEX:52002PC0149:EN body: EC commission: DG: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion Commissioner: ŠPIDLA Vladimír type: Legislative proposal published
  • date: 2002-04-08T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON body: EP responsible: True committee: EMPL date: 2008-06-24T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: DÉSIR Harlem body: EP responsible: True committee: EMPL date: 2002-04-23T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: VAN DEN BURG Ieke body: EP responsible: False committee: FEMM date: 2002-04-18T00:00:00 committee_full: Women's Rights and Equal Opportunities rapporteur: group: PPE-DE name: MANN Thomas body: EP responsible: False committee: JURI date: 2002-09-10T00:00:00 committee_full: Legal Affairs and Internal Market rapporteur: group: PPE-DE name: GARGANI Giuseppe body: EP responsible: False committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs committee: LIBE
  • body: CSL meeting_id: 2431 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2431*&MEET_DATE=03/06/2002 type: Debate in Council title: 2431 council: Employment, Social Policy, Health and Consumer Affairs date: 2002-06-03T00:00:00 type: Council Meeting
  • date: 2002-10-07T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: X017
  • body: CSL meeting_id: 2454 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2454*&MEET_DATE=08/10/2002 type: Debate in Council title: 2454 council: Employment, Social Policy, Health and Consumer Affairs date: 2002-10-08T00:00:00 type: Council Meeting
  • body: EP committees: body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON body: EP responsible: True committee: EMPL date: 2008-06-24T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: DÉSIR Harlem body: EP responsible: True committee: EMPL date: 2002-04-23T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: VAN DEN BURG Ieke body: EP responsible: False committee: FEMM date: 2002-04-18T00:00:00 committee_full: Women's Rights and Equal Opportunities rapporteur: group: PPE-DE name: MANN Thomas body: EP responsible: False committee: JURI date: 2002-09-10T00:00:00 committee_full: Legal Affairs and Internal Market rapporteur: group: PPE-DE name: GARGANI Giuseppe body: EP responsible: False committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs committee: LIBE docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2002-356&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A5-0356/2002 date: 2002-10-21T00:00:00 type: Vote in committee, 1st reading/single reading
  • date: 2002-11-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20021120&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2002-11-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2002-562 type: Decision by Parliament, 1st reading/single reading title: T5-0562/2002 body: EP type: Decision by Parliament, 1st reading/single reading
  • date: 2002-11-28T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2002/0701/COM_COM(2002)0701_EN.pdf title: COM(2002)0701 type: Modified legislative proposal published celexid: CELEX:52002PC0701:EN body: EC commission: DG: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion Commissioner: ŠPIDLA Vladimír type: Modified legislative proposal published
  • body: CSL meeting_id: X018 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2492*&MEET_DATE=06/03/2003 type: Debate in Council title: 2492 council: Employment, Social Policy, Health and Consumer Affairs date: 2003-03-06T00:00:00 type: Council Meeting
  • body: CSL meeting_id: 2512 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2512*&MEET_DATE=02/06/2003 type: Debate in Council title: 2512 council: Employment, Social Policy, Health and Consumer Affairs date: 2003-06-02T00:00:00 type: Council Meeting
  • date: 2003-12-01T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: X019
  • body: CSL meeting_id: 2606 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2606*&MEET_DATE=04/10/2004 type: Debate in Council title: 2606 council: Employment, Social Policy, Health and Consumer Affairs date: 2004-10-04T00:00:00 type: Council Meeting
  • body: CSL meeting_id: 2837 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2837*&MEET_DATE=05/12/2007 type: Debate in Council title: 2837 council: Employment, Social Policy, Health and Consumer Affairs date: 2007-12-05T00:00:00 type: Council Meeting
  • date: 2008-06-09T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2876
  • body: CSL meeting_id: 2888 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=10599%2F08&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Council position published title: 10599/2/2008 council: General Affairs date: 2008-09-15T00:00:00 type: Council Meeting
  • date: 2008-09-22T00:00:00 body: EP type: Committee referral announced in Parliament, 2nd reading committees: body: EP responsible: True committee: EMPL date: 2008-06-24T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: DÉSIR Harlem body: EP responsible: True committee: EMPL date: 2002-04-23T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: VAN DEN BURG Ieke
  • date: 2008-10-07T00:00:00 body: EP committees: body: EP responsible: True committee: EMPL date: 2008-06-24T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: DÉSIR Harlem body: EP responsible: True committee: EMPL date: 2002-04-23T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: VAN DEN BURG Ieke type: Vote in committee, 2nd reading
  • date: 2008-10-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-373&language=EN type: Committee recommendation tabled for plenary, 2nd reading title: A6-0373/2008 body: EP committees: body: EP responsible: True committee: EMPL date: 2008-06-24T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: DÉSIR Harlem body: EP responsible: True committee: EMPL date: 2002-04-23T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: VAN DEN BURG Ieke type: Committee recommendation tabled for plenary, 2nd reading
  • date: 2008-10-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20081020&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2008-10-22T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16147&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-507 type: Decision by Parliament, 2nd reading title: T6-0507/2008 body: EP type: Results of vote in Parliament
  • date: 2008-11-19T00:00:00 body: CSL type: Final act signed
  • date: 2008-11-19T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2008-12-05T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0104 title: Directive 2008/104 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:327:TOC title: OJ L 327 05.12.2008, p. 0009
commission
  • body: EC dg: Employment, Social Affairs and Inclusion commissioner: ŠPIDLA Vladimír
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
date
2008-06-24T00:00:00
rapporteur
name: DÉSIR Harlem group: Socialist Group in the European Parliament abbr: PSE
committees/0
body
EP
responsible
False
committee_full
Economic and Monetary Affairs
committee
ECON
committees/1
type
Former Responsible Committee
body
EP
associated
False
committee_full
Employment and Social Affairs
committee
EMPL
date
2002-04-23T00:00:00
rapporteur
name: VAN DEN BURG Ieke group: Party of European Socialists abbr: PES
committees/1
body
EP
responsible
True
committee
EMPL
date
2008-06-24T00:00:00
committee_full
Employment and Social Affairs
rapporteur
group: PSE name: DÉSIR Harlem
committees/2
type
Former Committee Opinion
body
EP
associated
False
committee_full
Citizens' Freedoms and Rights, Justice and Home Affairs
committee
LIBE
opinion
False
committees/2
body
EP
responsible
True
committee
EMPL
date
2002-04-23T00:00:00
committee_full
Employment and Social Affairs
rapporteur
group: PSE name: VAN DEN BURG Ieke
committees/3
type
Former Committee Opinion
body
EP
associated
False
committee_full
Economic and Monetary Affairs
committee
ECON
opinion
False
committees/3
body
EP
responsible
False
committee
FEMM
date
2002-04-18T00:00:00
committee_full
Women's Rights and Equal Opportunities
rapporteur
group: PPE-DE name: MANN Thomas
committees/4
type
Former Committee Opinion
body
EP
associated
False
committee_full
Legal Affairs and Internal Market
committee
JURI
date
2002-09-10T00:00:00
rapporteur
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committees/4
body
EP
responsible
False
committee
JURI
date
2002-09-10T00:00:00
committee_full
Legal Affairs and Internal Market
rapporteur
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committees/5
type
Former Committee Opinion
body
EP
associated
False
committee_full
Women's Rights and Equal Opportunities
committee
FEMM
date
2002-04-18T00:00:00
rapporteur
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committees/5
body
EP
responsible
False
committee_full
Citizens' Freedoms and Rights, Justice and Home Affairs
committee
LIBE
council
  • body: CSL type: Council Meeting council: General Affairs meeting_id: 2888 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2888*&MEET_DATE=15/09/2008 date: 2008-09-15T00:00:00
  • body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2876 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2876*&MEET_DATE=09/06/2008 date: 2008-06-09T00:00:00
  • body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2837 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2837*&MEET_DATE=05/12/2007 date: 2007-12-05T00:00:00
  • body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2606 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2606*&MEET_DATE=04/10/2004 date: 2004-10-04T00:00:00
  • body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2512 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2512*&MEET_DATE=02/06/2003 date: 2003-06-02T00:00:00
  • body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2492 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2492*&MEET_DATE=06/03/2003 date: 2003-03-06T00:00:00
  • body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2454 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2454*&MEET_DATE=08/10/2002 date: 2002-10-08T00:00:00
  • body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2431 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2431*&MEET_DATE=03/06/2002 date: 2002-06-03T00:00:00
docs
  • date: 2002-03-20T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2002/0149/COM_COM(2002)0149_EN.pdf title: COM(2002)0149 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2002&nu_doc=149 title: EUR-Lex url: https://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2002:203E:SOM:EN:HTML title: OJ C 203 27.08.2002, p. 0001 E summary: type: Legislative proposal body: EC
  • date: 2002-08-28T00:00:00 docs: title: PE315.515/DEF committee: FEMM type: Committee opinion body: EP
  • date: 2002-09-05T00:00:00 docs: title: PE316.363 type: Committee draft report body: EP
  • date: 2002-09-10T00:00:00 docs: title: PE319.672/DEF committee: JURI type: Committee opinion body: EP
  • date: 2002-09-18T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:1027)(documentyear:2002)(documentlanguage:EN) title: CES1027/2002 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2003:061:TOC title: OJ C 061 14.03.2003, p. 0124 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2002-09-26T00:00:00 docs: title: PE316.363/AM type: Amendments tabled in committee body: EP
  • date: 2002-10-18T00:00:00 docs: title: PE316.363/AMC type: Amendments tabled in committee body: EP
  • date: 2002-10-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2002-356&language=EN title: A5-0356/2002 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2002-11-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2002-562 title: T5-0562/2002 title: OJ C 025 29.01.2004, p. 0222-0368 E summary: type: Text adopted by Parliament, 1st reading/single reading body: EP
  • date: 2008-09-18T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2008/0569/COM_COM(2008)0569_EN.pdf title: COM(2008)0569 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2008&nu_doc=569 title: EUR-Lex summary: The Commission states that a number of European Parliament's amendments, taken into account fully, partly or in spirit in the Council's common position and the Commission's amended proposal. Recitals: specifying the links between this proposal and Directive 1999/70 of 28 June 1999 on fixed-term work; adding a provision stipulating that temporary agency workers may not replace striking workers in the user undertaking. Scope: rewording the scope to illustrate more clearly the triangular nature of temporary agency work; confirming that both user undertakings and temporary work agencies are covered by the Directive. Aim: reinforcing the balanced aims of the Directive. Definitions: deleting the definition of a comparable worker from the definitions in Article 3; adding the definition of a temporary agency; adding the definition of a user undertaking; an amendment stipulating that it is up to the Member States to define pay and specifying workers who cannot be excluded from the scope of the Directive. Review of restrictions or prohibitions: extending the obligation on the Member States to review restrictions or prohibitions pertaining only to certain categories of workers or certain branches to include all restrictions or prohibitions; extending the scope of justifications for prohibitions/restrictions; specifying that national requirements concerning the registration and monitoring of temporary work agencies are not prohibitions or restrictions within the meaning of the Directive. The principle of equal treatment: acceptance of the part rewording the principle of non-discrimination; restricting the exemption to remuneration and requiring consultation of the social partners; acceptance of the part on prior consultation of the social partners and enabling them to uphold existing collective agreements. Access to employment, collective facilities and vocational training: amendment specifying how information on vacancies may be made public; arrangements whereby temporary work agencies may be recompensed for services rendered to user enterprises; specifying the scope of the prohibition on charging fees to workers; specifying the scope of the amenities and collective facilities in the user enterprise to which temporary agency workers should be afforded access. Representation of temporary workers: taking account of the fact that workers' representation may be determined by collective agreements. Other amendments which have been accepted by the Commission, but not adopted in the common position aim to: specify that implementation of Article 5 (principle of equal treatment) through an agreement between the social partners should be in line with national practice; restrict exemption to pay in the case of short-term contracts; leave the choice to workers as to whether to pursue direct action or action through their representatives where the provisions of the Directive are not being complied with. Whilst the common position does not reflect all of the amendments proposed by Parliament and incorporated into the Commission's amended proposal, the majority of Parliament's amendments have nonetheless been adopted either in whole, in part or in spirit. In general it should be stressed that the common position considerably enhances the text of the initial proposal and responds to the European Parliament's desire to ensure that the principle of equal treatment, as regards basic working and employment conditions, between temporary agency workers and the workers directly recruited by user companies should have effect as of day one of their assignments. Progress has been made on several issues such as; the direct application of the principle of equal treatment for agency workers from the first day of an assignment without any exception for short-term assignments (so-called "grace period"), the clarification of definitions, and either consultation with, or involvement of, the social partners as a condition applying to the various derogations that permit some deviation from the equal treatment principle. Prohibitions or restrictions on the use of temporary agency work can only be maintained after the implementation of the Directive if they are justified on grounds of general interest. At that stage, any continuing prohibitions or restrictions must be subject of review and made the subject to a report to the Commission. In the interests of subsidiarity, differing national practices as regards labour market conditions and industrial relations practice among the Member States can be accommodated through affording scope for derogation from the principle of equal treatment by collective agreement or - under specific conditions - by agreement between the national social partners. type: Commission communication on Council's position body: EC
  • date: 2008-09-29T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE412.354 title: PE412.354 type: Committee draft report body: EP
  • date: 2008-10-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-373&language=EN title: A6-0373/2008 type: Committee recommendation tabled for plenary, 2nd reading body: EP
  • date: 2008-11-19T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F08&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 03705/2008/LEX type: Draft final act body: CSL
  • date: 2014-03-21T00:00:00 docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2014&nu_doc=0176 title: EUR-Lex title: COM(2014)0176 summary: The Commission presents a report on the application of Directive 2008/104/EC on temporary agency work. To recall, the purpose of this text is to ensure the protection of temporary agency workers and to improve the quality of temporary agency work by ensuring that the principle of equal treatment is applied to temporary agency workers, and by recognising temporary-work agencies as employers , while taking into account the need to establish a suitable framework for the use of temporary agency work with a view to contributing effectively to job creation and to the development of flexible forms of working. In particular, the Directive: establishes the principle of equal treatment in user undertakings, while allowing for certain limited derogations under strict conditions; provides for a review by the Member States, during the transposition period, of restrictions and prohibitions on the use of agency work; improves agency workers’ access to permanent employment, to collective facilities in user undertakings and to training; includes provisions on the representation of agency workers. Objectives of the report : the aim of this report is twofold: it provides an overview of how Member States have implemented the Directive and highlights key problems; it examines whether experience gained in applying the Directive, two years after the end of its transposition period, may justify any amendments to the text currently in force. State of transposition : t he report was drawn up on the basis of the Commission’s examination of Member States’ provisions implementing the Directive. Member States were under a duty to transpose the Directive into national law by 5 December 2011. The report notes that all Member States have transposed the Directive but that in a number of cases, transposition occurred late and only after the Commission had launched infringement proceedings . In early 2012, the Commission sent letters of formal notice for non-communication of transposition measures to 15 Member States. Later that year, reasoned opinions were sent to three Member States. In the Member State that was the last to transpose the Directive, the implementing legislation entered into force on 1 July 2013. Transposition was carried out in a variety of different ways. This is linked to the fact that before the Directive became applicable, temporary agency work was regulated by law in some Member States, mainly through collective agreements in others, or by a combination of both. Some Member States did not have a legal framework applicable to temporary agency work, so they specifically regulated this form of work for the first time while transposing the Directive. The analysis presented in the report shows that, in general, the provisions of the Directive seem to have been correctly implemented and applied . However, the analysis has also shown that the twofold goal of the Directive has not yet been fully fulfilled . On one hand, the extent of the use of certain derogations to the principle of equal treatment may, in specific cases, have led to a situation where the application of the Directive has no real effects upon the improvement of the protection of temporary agency workers . On the other hand, the review of restrictions and prohibitions on the use of temporary agency work has served, in the majority of cases, to legitimate the status quo, instead of giving an impetus to the rethinking of the role of agency work in modern, flexible labour markets . The Commission will continue to closely monitor the application of the Directive, taking into account further developments in the fields of labour law and temporary agency work, to ensure that its goals are adequately achieved and that its provisions are completely and correctly transposed in all Member States. In this context, the Commission will work in close contact with the Member States and the social partners within the working group that will follow the application of the Directive, as well as in other for a. In addition, the Commission intends to tackle any problems in the implementation of the Directive with the appropriate means, including infringement proceedings where necessary. Complaints lodged with the Commission against Member States, petitions and preliminary questions to the Court of Justice may also constitute an important source of information as to national measures or practices that would be incompatible with the Directive. Review of the Directive is not necessary : the Commission acknowledges the significant work that has been carried out on transposition of the Directive, in particular in Member States where there was either no legislation specifically regulating temporary agency work, or where the principle of equal treatment was recognised in national law for the first time. As regards possible amendments to the Directive, the Commission states that more time is needed to accumulate experience in its application and to determine whether it has fully reached its objectives. There is as yet no case law of the Court of Justice on its application. In that context and in the light of the Commission’s own assessment of the application of the Directive, taking into account views expressed by Member States and European social partners during the consultation process for this report, the Commission takes the view that no amendments are necessary at this stage . type: Follow-up document body: EC
  • date: 2014-03-21T00:00:00 docs: url: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2014:0108:FIN:EN:PDF title: EUR-Lex title: SWD(2014)0108 type: Follow-up document body: EC
events
  • date: 2002-03-20T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2002/0149/COM_COM(2002)0149_EN.pdf title: COM(2002)0149 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2002&nu_doc=149 title: EUR-Lex summary:
  • date: 2002-04-08T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2002-06-03T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2431*&MEET_DATE=03/06/2002 title: 2431
  • date: 2002-10-08T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2454*&MEET_DATE=08/10/2002 title: 2454
  • date: 2002-10-21T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary:
  • date: 2002-10-21T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2002-356&language=EN title: A5-0356/2002
  • date: 2002-11-20T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20021120&type=CRE title: Debate in Parliament
  • date: 2002-11-21T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2002-562 title: T5-0562/2002 summary:
  • date: 2002-11-28T00:00:00 type: Modified legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2002/0701/COM_COM(2002)0701_EN.pdf title: COM(2002)0701 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2002&nu_doc=701 title: EUR-Lex summary:
  • date: 2003-03-06T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2492*&MEET_DATE=06/03/2003 title: 2492 summary:
  • date: 2003-06-02T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2512*&MEET_DATE=02/06/2003 title: 2512 summary:
  • date: 2004-10-04T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2606*&MEET_DATE=04/10/2004 title: 2606 summary: The Council held a policy debate on the draft directive. Discussion focused mainly on the outstanding issue of equal pay and conditions for temporary workers. It was recognised that further efforts would be needed to enable the Council to reach and acceptable compromise for all delegations. Accordingly, the Presidency undertook to pursue its reflections as a matter of urgency, taking especially into account the link which the European Parliament has established between this proposal and the recent Working Time proposal. The draft directive aims at striking a balance between flexibility and job security. It completes a package of measures aimed at regulating working conditions for so-called "atypical" workers. Temporary work is seen as a key factor in meeting the requirements of the reform strategy laid down by the Lisbon European council in March 2000, as it allows for both the growth of employment and increased competitiveness.
  • date: 2007-12-05T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2837*&MEET_DATE=05/12/2007 title: 2837 summary: The Council sought to reach political agreement on the draft Directive aimed at establishing working conditions for temporary agency workers. Already, in July, the Presidency announced that it would consult with different Member States in order to evaluate the conditions for balanced solutions concerning the legislative files under discussion in the (EPSCO) Council. After extensive bilateral consultations with different Member States and the Commission, the Presidency decided to present compromise proposals for the Directive “temporary agency workers” as well as the Directive on “working time” (see COD/2004/0209 ). Both draft directives had been discussed separately, but the Presidency considered they were linked since they deal with central aspects of the regulation of contemporary labour markets. Given the difficulties in finding separate solutions for each of the files, the Presidency decided that there would be added value in working on a simultaneous and integrated solution, thus allowing Member States to find a balance between the two directives that would be acceptable from the political point of view. This joint approach was widely accepted by a large majority of Member States, in the Council. The connection between the two directives, and more specifically the proposals presented by the Presidency, was considered a solid and viable basis for negotiation towards an agreement on both. The Presidency explored different solutions, within the balanced framework underlying the proposals, to reach an enlarged consensus that would be politically desirable. Bearing in mind the fact that this linked proposal was still very recent, as well as the sensitive nature of these directives for some Member States and the importance of exploring all attempts to reach as broad an agreement as possible before the final decision was taken, the Council agreed that the best option at this moment was to postpone a decision , in order to further pursue the dialogue. Nevertheless, the Presidency noted that a vast majority of Member States had spoken in favour of an integrated solution for the directives , building an overall equilibrium between the two. Thus, and respecting the dominant orientation within the Council, the Presidency stressed that this openness to dialogue and consensus sought only to strengthen the conditions for a solution that reflected the position of a clear and strong majority. The proposals presented are a major step forward, because they now open up an appropriate way of reaching a solution on these files. There is a real margin for political decision in 2008 , building on the solid basis for progress that the Council has just established. The forthcoming presidencies and the Commission might proceed with efforts to achieve a positive and final outcome on both directives, given the importance of the issues at stake and the specific needs of many Member States. Progress on the “temporary agency workers” Directive: the draft Directive aims to establish, at European level, a common legal framework to regulate temporary agency work. It seeks to strike a balance between flexibility and job security, while completing a package of measures aimed at regulating working conditions for so-called "atypical" workers. It will, in its turn, be complemented by Directive 91/383/EEC of 25 June 1991, supplementing the measures to encourage improvements in safety and health at work. The draft Directive would apply to workers who have an employment relationship with a temporary agency and who would perform temporary work under the supervision and direction of a user undertaking. It aims to ensure the protection of temporary agency workers and to improve the quality of agency work by ensuring, in particular, that the principle of equal treatment – in relation to workers recruited by the user undertaking to occupy the same job – is applied. Temporary agencies would be recognised as employers. The main outstanding issues may be summarised as follows: – prohibitions and restrictions on temporary agency work, in particular, their review or removal; – the principle of equal treatment, possible exceptions to that principle and the maximum length of assignments to which such exceptions can apply.
  • date: 2008-09-15T00:00:00 type: Council position published body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=10599%2F08&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 10599/2/2008 summary: The Council adopted, by qualified majority, a common position with a view to the adoption of an amended proposal for a Directive of the European Parliament and the Council on temporary agency work. The Belgian, Hungarian, Maltese and Portuguese abstained. The common position includes a majority of the amendments (26 in total) resulting from Parliament's first reading of the Commission's proposal. The general structure of the common position is in line with the general structure of the Commission's amended proposal. Specifically, the Council accepted an amendment to the title of the Directive, three amendments to the recitals as well as a number of amendments to the following articles: Article 1 on the scope, Article 2 on the aim of the Directive, Article 3 on definitions, Article 4 on the review of restrictions and prohibitions, Article 5 on the principle of equal treatment, Article 6 on access to employment, collective facilities and vocational training and Article 7 on the representation of temporary agency workers. The main differences from the Commission's amended proposal are as follows: Review of restrictions and prohibitions on the use of temporary workers (Article 4) : while essentially following the spirit of the Parliament's amendment, the Council added a new paragraph concerning the review of agreements negotiated by the social partners. The Council considered that, in order to respect their autonomy, the social partners should themselves review whether the restrictions and prohibitions negotiated by them were justifiable on the grounds set out in the first paragraph of Article 4. The Council did not consider it necessary to retain an explicit reference to the discontinuation of unjustified restrictions and prohibitions. Principle of equal treatment (Article 5) : while generally following the Commission's amended proposal, the Council modified the text. The Council also considered that the principle of equal treatment from day one should be the general rule. Any treatment of temporary agency workers differing from that principle should be agreed by the social partners, either through collective bargaining or through social partner agreements concluded at national level. In the light of the modifications made to the text, a specific exemption for short-term contracts (six weeks or shorter), as envisaged in the Commission's amended proposal, was therefore no longer considered necessary or appropriate. The common position reflects those of the Parliament's amendments which stress the importance of the role of social partners in negotiating arrangements on working and employment conditions. It also echoes the Parliament's concerns in relation to the prevention of misuse. Penalties (Article 10) : the common position includes a new paragraph concerning measures the Member States are expected to take in order to ensure compliance with the Directive by temporary work agencies and user undertakings. Implementation (Article 11) : the Council considered that the Member States would need three years to implement the Directive, while the Commission had proposed a two-year implementation period. In addition, a number of recitals have been updated and modified, in order both to explain the modifications introduced by the Council to the Commission's amended proposal and to describe developments since the amended proposal was published in 2002. For example, references to the relaunch of the Lisbon Strategy, in 2005, and to the agreed common principles of flexicurity, endorsed by the European Council in December 2007, were included in the recitals. Following the Commission's amended proposal, the Council did not accept the amendment which would have extended the possibility of not applying the Directive to employment contracts or relationships concluded under specific training programmes without any public support. It also rejected an amendment calling for a comprehensive review of national legislations concerning temporary agency workers. The Council considered that this would be outside the scope of the Directive. Another two amendments to Article 5 were considered to be superfluous, one on non-discrimination and the other on safety and health at work and on safety training.
  • date: 2008-09-22T00:00:00 type: Committee referral announced in Parliament, 2nd reading body: EP
  • date: 2008-10-07T00:00:00 type: Vote in committee, 2nd reading body: EP summary: The Committee on Employment and Social Affairs adopted a report drafted by Harlem DESIR (PES, FR) and approved the Council common position for adopting a directive of the European Parliament and of the Council on temporary agency work.
  • date: 2008-10-08T00:00:00 type: Committee recommendation tabled for plenary, 2nd reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-373&language=EN title: A6-0373/2008
  • date: 2008-10-20T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20081020&type=CRE title: Debate in Parliament
  • date: 2008-10-22T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=16147&l=en title: Results of vote in Parliament
  • date: 2008-10-22T00:00:00 type: Decision by Parliament, 2nd reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-507 title: T6-0507/2008 summary: The European Parliament adopted a legislative resolution approving the Council’s common position for adopting a directive of the European Parliament and of the Council on temporary agency work. The recommendation for second reading (under the codecision procedure) had been tabled for consideration in plenary by Harlem DESIR (PES, FR) on behalf of the Committee on Employment and Social Affairs.
  • date: 2008-11-19T00:00:00 type: Final act signed body: CSL
  • date: 2008-11-19T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2008-12-05T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to provide a minimum EU-wide level of protection to temporary agency workers. LEGISLATIVE ACT: Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work. CONTENT: the aim of this Directive is to ensure the protection of temporary agency workers and to improve the quality of temporary agency work by ensuring that the principle of equal treatment, as set out in the text, is applied to temporary agency workers, and by recognising temporary work agencies as employers, while taking into account the need to establish a suitable framework for the use of temporary agency work with a view to contributing effectively to the creation of jobs and to the development of flexible forms of working. Scope: the Directive applies to workers with a contract of employment or employment relationship with a temporary work agency who are assigned to user undertakings to work temporarily under their supervision and direction. 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. Member States may, after consulting the social partners, provide that this Directive does not apply to employment contracts or relationships concluded under a specific public or publicly supported vocational training, integration or retraining programme. Review of restrictions or prohibitions : prohibitions or restrictions on the use of temporary agency work must be justified only on grounds of general interest relating in particular to the protection of temporary agency workers, the requirements of health and safety at work or the need to ensure that the labour market functions properly and abuses are prevented. By 5 December 2011, Member States shall, after consulting the social partners in accordance with national legislation, collective agreements and practices, review any restrictions or prohibitions on the use of temporary agency work in order to verify whether they are justified on the grounds mentioned in the text. The principle of equal treatment : the basic working and employment conditions of temporary agency workers shall be, for the duration of their assignment at a user undertaking, at least those that would apply if they had been recruited directly by that undertaking to occupy the same job. As regards pay, Member States may provide that an exemption be made to the principle of equal treatment where temporary agency workers who have a permanent contract of employment with a temporary-work agency continue to be paid in the time between assignments. In addition, Member States must specify whether occupational social security schemes, including pension, sick pay or financial participation schemes are included in the basic working and employment conditions. Such arrangements shall also be without prejudice to agreements at national, regional, local or sectoral level that are no less favourable to workers. The directive sets out provisions on access to employment, collective facilities and vocational training , as well as provisions on the representation of temporary agency workers. Review by the Commission : by 05/12/2013, the Commission must review the application of the Directive with a view to proposing, where appropriate, the necessary amendments. ENTRY INTO FORCE: 05/12/2008. IMPLEMENTATION: 05/12/2011. docs: title: Directive 2008/104 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0104 title: OJ L 327 05.12.2008, p. 0009 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:327:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion commissioner: ŠPIDLA Vladimír
procedure/dossier_of_the_committee
Old
EMPL/6/67398
New
  • EMPL/6/67398
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0104
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0104
procedure/subject
Old
  • 4.15.03 Arrangement of working time, work schedules
  • 4.15.12 Workers protection and rights, labour law
New
4.15.03
Arrangement of working time, work schedules
4.15.12
Workers protection and rights, labour law
activities/9/docs/0/title
Old
X018
New
2492
activities/9/docs/0/url
Old
http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=X018*&MEET_DATE=06/03/2003
New
http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2492*&MEET_DATE=06/03/2003
activities/9/meeting_id
Old
2492
New
X018
activities/12/meeting_id
Old
Prés
New
2606
activities/23/docs/1/url
Old
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2008:327:SOM:EN:HTML
New
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:327:TOC
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date: 2002-03-20T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2002/0149/COM_COM(2002)0149_EN.pdf celexid: CELEX:52002PC0149:EN type: Legislative proposal published title: COM(2002)0149 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion Commissioner: ŠPIDLA Vladimír
  • date: 2002-04-08T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON body: EP responsible: True committee: EMPL date: 2008-06-24T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: DÉSIR Harlem body: EP responsible: True committee: EMPL date: 2002-04-23T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: VAN DEN BURG Ieke body: EP responsible: False committee: FEMM date: 2002-04-18T00:00:00 committee_full: Women's Rights and Equal Opportunities rapporteur: group: PPE-DE name: MANN Thomas body: EP responsible: False committee: JURI date: 2002-09-10T00:00:00 committee_full: Legal Affairs and Internal Market rapporteur: group: PPE-DE name: GARGANI Giuseppe body: EP responsible: False committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs committee: LIBE
  • body: CSL meeting_id: 2431 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2431*&MEET_DATE=03/06/2002 type: Debate in Council title: 2431 council: Employment, Social Policy, Health and Consumer Affairs date: 2002-06-03T00:00:00 type: Council Meeting
  • date: 2002-10-07T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: X017
  • body: CSL meeting_id: 2454 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2454*&MEET_DATE=08/10/2002 type: Debate in Council title: 2454 council: Employment, Social Policy, Health and Consumer Affairs date: 2002-10-08T00:00:00 type: Council Meeting
  • body: EP committees: body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON body: EP responsible: True committee: EMPL date: 2008-06-24T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: DÉSIR Harlem body: EP responsible: True committee: EMPL date: 2002-04-23T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: VAN DEN BURG Ieke body: EP responsible: False committee: FEMM date: 2002-04-18T00:00:00 committee_full: Women's Rights and Equal Opportunities rapporteur: group: PPE-DE name: MANN Thomas body: EP responsible: False committee: JURI date: 2002-09-10T00:00:00 committee_full: Legal Affairs and Internal Market rapporteur: group: PPE-DE name: GARGANI Giuseppe body: EP responsible: False committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs committee: LIBE docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A5-2002-356&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A5-0356/2002 date: 2002-10-21T00:00:00 type: Vote in committee, 1st reading/single reading
  • date: 2002-11-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20021120&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2002-11-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P5-TA-2002-562 type: Decision by Parliament, 1st reading/single reading title: T5-0562/2002 body: EP type: Decision by Parliament, 1st reading/single reading
  • date: 2002-11-28T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2002/0701/COM_COM(2002)0701_EN.pdf celexid: CELEX:52002PC0701:EN type: Modified legislative proposal published title: COM(2002)0701 type: Modified legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion Commissioner: ŠPIDLA Vladimír
  • body: CSL meeting_id: 2492 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=X018*&MEET_DATE=06/03/2003 type: Debate in Council title: X018 council: Employment, Social Policy, Health and Consumer Affairs date: 2003-03-06T00:00:00 type: Council Meeting
  • body: CSL meeting_id: 2512 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2512*&MEET_DATE=02/06/2003 type: Debate in Council title: 2512 council: Employment, Social Policy, Health and Consumer Affairs date: 2003-06-02T00:00:00 type: Council Meeting
  • date: 2003-12-01T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: X019
  • body: CSL meeting_id: Prés docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2606*&MEET_DATE=04/10/2004 type: Debate in Council title: 2606 council: Employment, Social Policy, Health and Consumer Affairs date: 2004-10-04T00:00:00 type: Council Meeting
  • body: CSL meeting_id: 2837 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2837*&MEET_DATE=05/12/2007 type: Debate in Council title: 2837 council: Employment, Social Policy, Health and Consumer Affairs date: 2007-12-05T00:00:00 type: Council Meeting
  • date: 2008-06-09T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 2876
  • body: CSL meeting_id: 2888 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=10599%2F08&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Council position published title: 10599/2/2008 council: General Affairs date: 2008-09-15T00:00:00 type: Council Meeting
  • date: 2008-09-22T00:00:00 body: EP type: Committee referral announced in Parliament, 2nd reading committees: body: EP responsible: True committee: EMPL date: 2008-06-24T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: DÉSIR Harlem body: EP responsible: True committee: EMPL date: 2002-04-23T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: VAN DEN BURG Ieke
  • date: 2008-10-07T00:00:00 body: EP committees: body: EP responsible: True committee: EMPL date: 2008-06-24T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: DÉSIR Harlem body: EP responsible: True committee: EMPL date: 2002-04-23T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: VAN DEN BURG Ieke type: Vote in committee, 2nd reading
  • date: 2008-10-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-373&language=EN type: Committee recommendation tabled for plenary, 2nd reading title: A6-0373/2008 body: EP committees: body: EP responsible: True committee: EMPL date: 2008-06-24T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: DÉSIR Harlem body: EP responsible: True committee: EMPL date: 2002-04-23T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: VAN DEN BURG Ieke type: Committee recommendation tabled for plenary, 2nd reading
  • date: 2008-10-20T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20081020&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2008-10-22T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16147&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-507 type: Decision by Parliament, 2nd reading title: T6-0507/2008 body: EP type: Results of vote in Parliament
  • date: 2008-11-19T00:00:00 body: CSL type: Final act signed
  • date: 2008-11-19T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2008-12-05T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0104 title: Directive 2008/104 url: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2008:327:SOM:EN:HTML title: OJ L 327 05.12.2008, p. 0009
committees
  • body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON
  • body: EP responsible: True committee: EMPL date: 2008-06-24T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: DÉSIR Harlem
  • body: EP responsible: True committee: EMPL date: 2002-04-23T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: VAN DEN BURG Ieke
  • body: EP responsible: False committee: FEMM date: 2002-04-18T00:00:00 committee_full: Women's Rights and Equal Opportunities rapporteur: group: PPE-DE name: MANN Thomas
  • body: EP responsible: False committee: JURI date: 2002-09-10T00:00:00 committee_full: Legal Affairs and Internal Market rapporteur: group: PPE-DE name: GARGANI Giuseppe
  • body: EP responsible: False committee_full: Citizens' Freedoms and Rights, Justice and Home Affairs committee: LIBE
links
National parliaments
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion commissioner: ŠPIDLA Vladimír
procedure
dossier_of_the_committee
EMPL/6/67398
reference
2002/0072(COD)
instrument
Directive
legal_basis
EC Treaty (after Amsterdam) EC 137-p2-a2/3
stage_reached
Procedure completed
subtype
Legislation
title
Temporary agency work
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject