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2 December 2009
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Ministers agree on agency workers and working time[fr][de

Published: Tuesday 10 June 2008   

The EU's employment ministers last night managed to overcome a year-long stalemate on setting working time caps and strengthening the rights of temporary agency workers, paving the way for the Commission to present a comprehensive social package in the coming weeks.

Background:

The issue of equal treatment of agency workers has been on the EU agenda since the early 1980s, when the Commission first proposed a directive granting them equal rights to those of permanent workers. 

However, the directive never came into being, mainly due to the resistance of consecutive UK governments, which feared that the country's highly deregulated labour market might not benefit from granting statutory rights to agency workers. 

In May 2008, UK social partners and the government broke the deadlock and agreed to grant equal treatment to agency workers, clearing the way for an EU directive on the issue (see EurActiv 21/05/08). 

Working time has been an almost equally long-standing issue. The 1993 Working Time Directive stipulates that workers must not work more than an average of 48 hours a week, calculated over any four-month period. However, it allows for broad derogations and needs reviewing following a number of European Court of Justice rulings. 

The deal on the 'Working Time Directive' limits workers to a weekly maximum of 48 hours, but allows the social partners to find 'flexible arrangements' if granted approval by the employer. The insertion of this clause, under which workers could effectively put in up to 60-65 weekly hours, was one of the UK government's main demands, while Spain and other nations lobbied heavily against it. 

As a safeguard, workers will not be eligible to sign waivers during their first month of employment and cannot be penalised for declining to do so. The EU had pushed for the restrictions after a survey found a third of British employees had signed such 'opt-out' forms. 

A bloc including Spain, Belgium and Greece resisted the compromise, labelling it a step back from the EU goal of greater security for workers, but most countries expressed their satisfaction with the deal.

At the same time, ministers also reached agreement on strengthening the rights of temporary agency workers, granting them the same rights in areas like holiday and sick pay as their permanent colleagues. Due to heavy UK lobbying, this right is only granted after employees have been in the job for 12 weeks, while the Commission had proposed a so-called 'grace period' of just six weeks. 

Positions:

UK Business Secretary John Hutton described the 12-hour meeting's outcome as "a very good deal for Britain". However, it still faces a heavy battle in the European Parliament, where a vote is due before the end of the year. 

Slovenian Minister for Labour, Family and Social Affairs Marjeta Cotman, whose country still holds the EU Presidency until the end of June, said: "We have succeeded in finding a key balance between the employment security of such workers and labour market flexibility. The Working Time Directive brings flexible working time arrangements on the one hand and ensures the protection of workers' rights on the other." 

French Labour Minister Xavier Bertrand, whose country agreed to the compromise after having opposed the UK position for the past four years, said "there will be greater guarantees for Europe's workers of tomorrow". However, he urged his colleages to "redouble our efforts'' to win the agreement of EU lawmakers. 

Employment Commissioner Vladimir Špidla, however, considered the agreement a "major step forward for European workers", saying that "we have created more security and better conditions for workers [...] while maintaining the flexibility that industry needs and workers want when reconciling family and working life". 

Support for the agency workers directive came from trade unions and public service employers, while businesses criticised it for increasing the administrative and financial burden instead of enhancing flexibility. 

MEPs meanwhile were critical of the ministers' working time deal. 

Austrian Socialist MEP Harald Ettl labelled the agreement a "step backwards", saying that it remained far behind what social partners and the European Parliament had agreed upon. 

German Green MEP Elisabeth Schroedter  described the deal as a "major backlash for workers' protection," criticising the UK for "picking holes in European labour law". 

Next steps:

  • Late June 2008: Commission set to present a comprehensive social package. 
  • July or Sept. 2008: Parliament set to vote on the agency workers and working time directives. 

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