>Both Eurociett and UNI-Europa hope that the EU Council, Commission and European Parliament will take this joint declaration into account in their forthcoming discussions on the Directive.
The joint declaration, which reconciles the interests of the social partners of the sector, should be seen as a balanced and integral deal.
The key points of the joint declaration are as follows:
- The agreement recognises the positive role that temporary agency work can play in the labour market today, contributing to the implementation of active labour market policies, and meeting the requirements of the Lisbon strategy.
- The agreement also recognises the principle of equal treatment from day 1 for temporary agency workers, with possible derogations (such as a qualifying period) to be agreed upon by national social partners, highlighting the need to find an application that is adapted to the national context.
- The deal equally underlines the necessity to review on a regular basis restrictions imposed on temporary agency work, and the subsequent lifting of those deemed outdated or unjustified.
- The Temporary Agency Work Directive must be linked to other existing directives dealing with the industry, such as the Posting of Workers Directive, which must be subject to a better and more effective enforcement and implementation.
>1. UNI-Europa and Eurociett are of the opinion that an E.U. regulatory framework on temporary agency work (TAW) should be in the interest of both business and workers.
>4. UNI-Europa and Eurociett consider that the proposed legislation should a) combine an adequate protection of agency workers and the role temporary work agencies can play in a well functioning labour market, b) provide a legal framework for temporary work agencies to operate that would help to prevent unfair competition by fraudulent agencies and/or user companies, counter abuses and illegal practices.
>5. To this aim, the legislation must secure the equal treatment principle for temporary agency with regard to their basic working and employment conditions and allow for better conditions development of a well functioning European market for temporary agency work services.
>7. UNI-Europa and Eurociett stress on the one hand the necessity to identify and review obstacles of a legal or administrative nature, which may limit the opportunities for temporary agency work to operate, and, where appropriate, eliminate them. On the other hand, they recognise the necessity of certain restrictions to prevent potential abuses, such as potential undermining of employment conditions of workers.
>16. The non discrimination principle will apply from day 1 of an assignment unless a qualifying period is agreed on at national level by social partners and/or tripartite bodies.