Full-time job ahead for Greece as deadline looms over temps law

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Series Details Vol.9, No.8, 27.2.03, p14
Publication Date 27/02/2003
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Date: 27/02/03

By Martin Banks

Employment Commissioner Anna Diamantopoulou is determined to push through new legislation by the end of her country's EU presidency. But both she and her fellow Greeks face stiff opposition from four member states.

THE clock is rapidly ticking on plans to introduce the Agency Work Directive by the end of the Greek EU presidency.

Both Greece and the European Commission want to reach agreement on the controversial directive by the end of June.

But four countries - the UK, Germany, Ireland and Denmark - are refusing to budge in their fierce opposition to the proposed law.

Anna Diamantopoulou, commissioner for employment and social affairs, believes that it will take some tough bargaining in the next few weeks if a deal is to be reached by the end of Athens' turn in the chair.

"It's a real logjam and it's hard to see how the directive can go ahead in its present form," admitted her spokesman, Andrew Fielding.

The directive will ensure that temporary workers have the same rights as permanent employees.

Key to the plan is the idea that the full range of rights for staff should be triggered after six weeks' employment.

There are just over two million temps in the EU - about 1.4% of the total workforce - with the largest proportion, 557,000, based in the UK.

But along with the three other objectors, Britain argued that temps should only enjoy the same rights as their permanent counterparts after working at a firm for 12 months.

The European Parliament reacted last November by calling for full rights to be available for temps from day one.

The Commission is still insisting, however, on a six-week qualifying period - so it will be up to the Greeks to try and reach a compromise.

The issue is subject to qualified majority voting in the Council, but the weight of the objecting countries means there is currently insufficient support among the 15-member bloc for the proposal to be passed.

Officials fear that if agreement isn't reached by the end of Greece's term in office (when the presidency passes to Italy), the whole process will grind to a halt and the directive may never see the light of day.

The next key date is 6 March, when employment ministers discuss the issue in Brussels.

Despite facing formidable opposition from the "Gang of Four", industry and business, Diamantopoulou has stoutly defended the proposals. She said: "The directive will bring temporary agency work out of the cold in those countries where it hardly exists at present, such as in the south of Europe.

"It will provide a baseline, minimum legal protection for temps all over the EU.

"A key part of the directive is to increase labour market flexibility by gradually phasing out sectoral restrictions on the use of temps in some member states, a good example being the building trade.

"It is critical for EU labour law to leave a good margin for member states to adapt directives to their own national circumstances. This directive does just that. For example, there is ample room for independently negotiated social partner agreements on temps' pay and conditions."

The Greek commissioner stresses that the principle of equal treatment does not necessarily mean that temps will be paid the same as their full-time counterparts.

"The qualifications and experience of the individual temp must be taken into account. This means that temps may end up being paid less - or more - than other workers."

The European Trade Union Confederation (ETUC), which represents 60 million workers and 76 national confederations, supports the directive.

However, it agrees with the Parliament that temps should qualify for the same rights as permanent staff from the first day in a temporary job.

Its spokesman Wim Bergans said: "The rules must be clearly set at European level and not left to member states as this would create divergency and unacceptable inequalities among workers as well as unfair competition between companies.

"We believe that social standards play an important part in achieving social and economic convergence. A pan-European labour market needs pan-European regulation."

As the vast majority of temping positions are filled for less than 12 months, he warns that most temps would not qualify for equal rights if countries like Germany and the UK have their way.

"Temping agencies should not compete in the labour market by offering cheap labour and undercutting the terms and conditions of other workers," he said. "Equal treatment must be assured for all temporary agency workers."

However, Bergans admits that there needs to be a significant breakthrough if the directive is to become law: "I have no idea how the current impasse is going to be resolved," he said.

The directive's main provisions:

  • To improve the quality of temporary work
  • Temps shall, during their posting, receive at least as favourable treatment as a comparable worker. Any differences in treatment must be justified
  • After the first six weeks, temps must receive the same rights and benefits as permanent staff
  • These cover working and employment conditions including pay, rest periods, night work, paid holidays and working time
  • Member states should improve access to training
  • Temps should be informed of any vacant posts in the firm employing them so they have the same opportunity as other workers
  • Member states should transpose the directive two years after its adoption

Temporary agency workers in the EU:

  • Austria: 24,277 (0.7%)
  • Belgium: 62,661 (1.6%)
  • Denmark: 18,639 (0.7%)
  • Finland: 15,000 (0.6%)
  • France: 623,000 (2.7%)
  • Germany: 243,000 (0.7%)
  • Greece: 0 (0%)
  • Ireland: 9,000 (0.6%)
  • Italy: 31,000 (0.2%)
  • Luxembourg: 6,065 (3.5%)
  • Netherlands: 305,000 (4%)
  • Portugal: 45,000 (1%)
  • Spain: 109,000 (0.8%)
  • Sweden: 32,000 (0.8%)
  • UK: 557,000 (2.1%)

Employment Commissioner Anna Diamantopoulou is determined to push through new legislation by the end of her country's EU presidency. But both she and her fellow Greeks face stiff opposition from four Member States.

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