After a long wait and an unsuccessful implementation, the Act on the legal position of temps, implementing the Directive of the European Parliament and of the Council on temporary agency work, was adopted on 30 May without any elements of surprise.
The Act, which has been delayed for about one a half year compared to the implementation date of the directive, was adopted on 30 May as planned without any last-hour modifications. The consequences of the Act will therefore be as anticipated when the bill was presented.
The Act is expected to create improved conditions for temps employed through a temporary employment agency and prevent social dumping.
The central issue of the Act is the implementation of the principle of equal treatment of the directive on temporary agency work. The Act makes temporary employment agencies responsible for ensuring that their temps are treated on equal terms with the permanent employees in the user company. The principle may be departed from under a collective agreement between the most representative parties of the labour market.
The Act also obligates user companies to give temps access to the company's common facilities and benefits and to inform them about any vacant positions in the company.
For a more detailed presentation of the content of the Act, we refer to the article about the bill in our newsletter of 9 April 2013
The content of this Newsletter is not, and should not replace, legal advice.