Agency Workers talks failed to reach agreement
The Social Partners failed to reach agreement yesterday on the derogation period for the Agency Worker's Directive which has to be implemented by 5th December 2011.
The Directive establishes that the basic working conditions of temporary agency workers will be, for the duration of their assignment at a user undertaking, at least those that would apply if they had been recruited directly by that undertaking to occupy the same job, this includes rights to sick pay, pensions, bonuses and so on.
The Directive allowed Member States introduce a derogation period / qualifying period before the equal treatment would apply, which would have to be agreed by the Social Partners. Yesterday, the Social Partners failed to reach agreement on this period and as it stands if no agreement is reached the Directive will be implemented from Monday without this derogation period and will have direct effect for public sector Employees. Until it is transposed into National Law, it will not impact on private sector Employers.
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