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Brussels, 21.11.2002

Temporary Workers are no rationalisation factors

EUCDW welcomes position of the EPP workers group

Temporary agency workers are a means to fight unemployment, not to undermine the social protection of the workers! It is in this sense that the European Union of Christian Democratic Workers (EUCDW) welcomes the adoption of a report of the European Parliament concerning a directive on working conditions for temporary workers.

For the EUCDW it is extremely important to stress that temporary workers may not, however, be regarded as 'rationalisation factors' and be misused to reduce the user undertaking's permanent workforce or replace women with equally qualified men.

In the case of workers who have a permanent contract with their temporary work agency, and in view of the special protection such a contract offers, provision should be made to permit exemptions from the rules applicable in the user undertaking. The contract should offer the temporary agency worker the protection normally afforded, according to national law and practice, by permanent contracts or contracts of similar duration entered into by other categories of workers.

This position is the basis of a number of proposals made by the workers group of the EPP/ED group in the European Parliament. Here, EUCDW considers that article 5 contains the most important points:

5.1
The basic working and employment conditions applicable to a temporary agency worker shall be at least those which apply or would apply to a worker directly employed by the user undertaking on a contract for the same duration, performing the same or similar tasks, taking into account qualifications and skills, unless the difference in treatment is justified by objective reasons. Where appropriate, the pro rata temporis principle applies.

Member States may provide for an exemption from this principle by laying down that, where the conditions set out in paragraph 2 and/or 3 apply, the basic working and employment conditions applicable to a temporary agency worker shall be at least those which apply or would apply to a comparable worker of the temporary work agency performing the same or similar tasks, taking into account qualifications and skills. This exemption is not applicable to cross-border postings.

5.2
With regard to pay or specific pay elements, Member States may, where appropriate after consultation of the social partners, provide that an exemption be made to the principle established in paragraph 1, when there is a permanent contract or another contract between the temporary workers and the temporary agency which in terms of content and duration guarantees them adequate and continuous payment whether or not they are on an assignment.

5.3
Member States may, after having consulted the social partners at the appropriate level, give them the option of continuing or concluding collective agreements which derogate from the principle established in paragraph 1 (as long as an adequate level of protection is provided for temporary workers)

The European Union of Christian Democratic Workers (EUCDW) consists of 23 workers' organisations from 15 countries and is an association of the European People's Party (EPP).

President: Elmar Brok MEP

EUCDW
European Union of Christian Democratic Workers
c/o EPP, Rue du Commerce / Handelsstraat 10
B-1000 Brussels

E-mail: EUCDW

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