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Starting Date: 08-05-09
Closing Date: 31-07-09
The Department for Business, Enterprise and Regulatory Reform (BERR) is seeking views on the implementation of the Directive on conditions for temporary (agency) workers – Directive 2008/104/EC - more usually known as the “Agency Workers Directive” (the Directive). Member States have until 5 December 2011 to implement. We propose to implement on the basis of the CBI/TUC agreement of May 2008 which allows for equal treatment to apply after a temporary agency worker has been in a given job for 12 weeks. In doing so, our key objectives are to ensure appropriate protection for temporary agency workers whilst maintaining a flexible labour market.
Our proposals reflect discussions held with key stakeholders since the text of the Directive was published in December 2008. We have sought to identify key concerns and the issues that will need to be addressed. This consultation opens up the debate so that implementation can reflect the real and legitimate interests of agency workers, temporary work agencies and hirers. This is the first stage of the Consultation process, running for 12 weeks until 31 July 2009. Following this, we will publish the Government’s response and conduct a second stage consultation on draft Regulations, also inviting views on what practical advice users would welcome in the guidance which will accompany the Regulations.
In particular, we are seeking views on who should be covered by the Directive, eg the definition of: pay, holiday entitlement, duration of working time, the 12 weeks qualifying period, how the principle of “equal treatment” should be established, liability for compliance with obligations under the Directive, and dispute resolution.
This consultation is now closed.