Temporary Agency Work in Europe

Abstract

Eight years after the EU Directive on temporary agency work was enacted the author carries out a broad comparison to investigate the process of implementation and the impact on the relevant national legislations. In particular, the article focuses upon the two main axes underlying the directive and resulting from the compromise that allowed its adoption: the principle of equal treatment and the review of the restrictions and prohibitions laid down in the law of Member States. The research points out that for the time being the convergence brought about by the directive is still very limited, also owing to the several derogations from both the aforementioned principles permitted to EU Countries. So, the future degree of harmonisation of temporary agency work regulation appears to be in the hands of the European Court of Justice, called to strike the right balance between the two cornerstones of the directive and the scope for derogation left to Member States.