Brussels, 07/10/2008 (Agence Europe) - On Tuesday 7 October, the European Parliament employment and social affairs committee approved, without any amendments, the Council common position (of 15 September, see EUROPE 9742 and 9679) on temporary work. The report by Harlem Désir (PES, France) on this text was adopted by 31 votes to one, with three abstentions. The European Parliament vote is scheduled for Tuesday 21 October in Strasbourg. Amendments may be lodged during the plenary session.
The common position takes on board the vast majority of the amendments endorsed by the EP on first reading, including those on equal treatment for temporary workers and those on user companies.
On 28 November 2002, the Commission adopted a proposal amended in the light of Parliament's first reading opinion of 21 November 2002. This amended proposal for a directive remained blocked for six years in the Council of Ministers, but the Council eventually reached political agreement on a common position at its meeting of 9-10 June 2008. The Council formally adopted its common position on 15 September 2008.
On first reading, the EP adopted amendments seeking to make it clear that all temporary agency workers should have the right to basic protection from day one, and that this protection included the rights to recourse to labour law, equal pay with other staff and social protection. Parliament also adopted amendments seeking to reject exemptions from the non-discrimination provision, except in specific cases, for example, in the case of open-ended contracts with a temporary employment agency or where collective agreements ensure adequate protection. The common position has incorporated the great majority of the amendments adopted by Parliament in first reading, including those guaranteeing equal treatment, including equal pay, between the workers of the user company. The Council has, thus, taken the view that equal treatment from day one should be the general rule, and that any exemption from that principle should be agreed by the social partners through collective talks or by agreements with the social partners at national level (Article 5). Parliament's amendments on the definition of basic working and employment conditions of temporary agency workers, particularly the insertion of “pay” (Article 3), have also been incorporated into the common position. The Council's common position has retained the amendments on access to employment, collective facilities and vocational training (Article 6) and on the representation of temporary agency workers (Article 7). (L.C./transl.rt)