A critical analysis of Directive 2008/104/EC of the European Parliament and of the council of 19th November 2008 on temporary agency work

Abstract

After more than 30 years of debates, standstills and failed attempts the Directive 2008/104/EC on Temporary Agency Work was finally adopted. The reasons for this delay were particularly the Member States' divergent views on different parts of temporary agency work. Before the adoption of the Directive there were significant differences in the member states for temporary work. The Directive was put in an explicit context with the European concept of Flexicurity. The aim of this flexicurity concept of the EU is to enhance flexibility and security in the European labour market. And at least the Directive was the first European instrument in this field since the official launch of the flexicurity agenda in 2006. The Directive has been meant by the European legislator as an answer to the changes in the sector of temporary agency work throughout the European Union. The aim of the European legislator was to provide minimum standards of protection for temporary agency workers in the EU. Therefore the basic element of the Directive was the introduction of an European wide principle of equal treatment. However, this principle has attracted a lot of criticism as well over the years. The key element of this criticism was that there are too many exceptions in the Directive from the principle of equal treatment. These exceptions should in the mind of these critical voices weaken the Directive and the aim behind the Directive, which should lead in the end to a paler version of the Directive.