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Agency workers resolution over-shadowed by wranglings on working time
Archived article dated Tuesday January 6th 2009
Equality for agency workers moved a step closer last week, following a European Commission vote.
The Directive will need to be implemented in Member States within three years. However, as business nears a conclusion on this issue, the amended Working Time Directive, which became the 'carrot' for the UK government following the compromise on agency workers, has reached a frustrating deadlock.
Martin Warren, head of employment law at Eversheds, comments: “The rocky road travelled by the Agency Workers Directive since 2002 is nearing its end today as a final version has been approved in Europe. The $60 million question remains how will it be interpreted in UK regulations? Whilst the Directive confirms the principle of equal treatment from day one of engagement, the UK government will be relieved to note that the possibility of extending this to up to 12 weeks has been retained.
Once the Directive is in force, subject to any qualifying period, agency workers will be entitled to the same basic working and employment conditions as their permanent colleagues. In practice this includes breaks, holidays, pay and potentially access to staff facilities such as canteens and childcare and training.
Despite today's successful conclusion to the Agency Workers Directive, progress of the amended Working Time Directive has proved more controversial. The European Parliament has been strongly resistant to the retention of the opt-out, which allows individuals to agree to work in excess of a 48 hour week, and is pushing for it to be phased out within three years.
Martin Warren adds “Employers will be seriously concerned to find that the future of the opt-out is up for discussion again, particularly in the current economic climate. The UK government compromised on the issue of agency workers to protect the opt-out, which is business critical for so many sectors in the UK.
“Ironically, a failure of the European Council and European Parliament to agree terms may well operate in the favour of employers anxious to preserve the opt out. Whilst the debate continues, the status quo will be preserved and ultimately, failure to agree will mean that the proposals are never adopted.”
Tagged as: eversheds
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