Social Dialogue on temporary agency work in Europe

Annemarie Muntz, Eurociett President

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The EU Sectoral Social Dialogue Committee

Since 2000, temporary agency work (TAW) has been established as one of the sectoral social dialogue committees on the European level

Eurociett has been recognised as the official social partner, representing the employers’ side, with UNI Europa, representing the workers side

The Sectoral Social Dialogue Committee (SSDC) on TAW meets regularly 3 times a year

The SSDC activities are based on a joint work programme over 2 years. The work programme 2013/2014 was adopted in February

The Activities of the EU SSDC on TAW include:• Discussions on matters of mutual concern (employment policies, directives, etc.)• Negotiating agreements and joint texts (joint declarations)• Conducting joint projects (studies and researches)

The activities at the EU level respect diversity of industrial relations at the national level

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Joint declarations in the EU SSDC

Joint declaration on Vocational Training (2009) stressing the role of sectoral social partners to facilitate access to training

Second joint declaration on the Agency Work Directive (2008):• Equal pay from day one, derogations possible for open-ended contracts and by

collective labour agreement or agreement of social partners• Strong wording on the need to review and lift unjustified restrictions• Clear recognition of the contribution of temporary agency work to well-functioning

labour markets

Eurociett and UNI Europa signed a joint declaration in the framework of the EU debate on Flexicurity (2007)

• Positive recognition of the role of temporary agency work in breating pathways to employment

• Facilitating transitions in the labour market

First joint declaration on the Agency Work Directive (2001)

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Joint projects/research in the EU SSDC

In the context of the SSDC, a series of joint projects have been carried out to improve knowledge on specific issues relating to agency workers:

• Joint project on Vocational Training for temporary agency workers (2008)

• The European Observatory on cross border activities within TAW (2009). The Observatory is regularly updated by joint factsheets

The latest joint project (2012) was about the role of temporary agency work and labour market transitions in Europe. As outcome, it included:

• Full report with facts and figures showing the positive contribution of the industry to foster labour market transitions

• Joint recommendations to EU policy makers on how to maximise the role of temporary agency work in facilitating transitions

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Other results in the EU SSDC

Sectoral studies on TAW carried out with Eurofound:• Temporary agency work and collective bargaining

(2008)• Temporary agency work in an enlarged European

Union (2006)

Round tables events to promote the sectoral social dialogue on TAW have been organised in:

• Croatia (2013)• Turkey (2010)• Bulgaria (2009)• Hungary (2007)• Poland (2006)

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IllegalityGrey zone

•Hostility & rejection of this new form of work relationship

Legal recognition

•Containment of an unpopular industry, as a last resort HR provider

Social tolerance

•AW accepted by trade unions, if properly regulated

Normative acceptance

•Useful tool for labor market policies

Societal acceptance

•AW as an acceptable work alternative

Full recognition

•AW as a desirable choice for work

• Indicating problems with existing institutional framework

Voicing the state of play

•Presenting acceptable future state, dealing with institutional tensions

Envisioning•Working within strict limits of social acceptanceExperimentation & learning

•Pointing out societal constraints & industry possibilities

Educating and fact proving •Presenting

vision based on own professional expertise

Institutional leadership

• Institutionalisation of the industry & preparing the future

Maintenance & anticipation

Phases of acceptance of TAW and regulation

The evolution of the role of a national federation

No regulation Coercitive regulation

CLAs in addition to existing law

Lifting restrictions

Social partners to

define regulation

Relevant regulation

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Social dialogue & maturity of regulation on TAW

Across Europe the role of social partners and the impact of social dialogue on the temporary agency work sector vary significantly

Source: Eurociett/UNI Europa “The role of temporary agency work and labour market transitions in Europe”, 2012

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Diversity in collective bargaining on TAW

In Europe, collective bargaining on TAW is at different levels:• Corss-sectoral (national level)• Agency work sector (sectoral

level)• Agency work branches• User companies

In some countries it can be multiple levels at the same time, for example in Belgium, Netherlands, Sweden, etc.

Source: Eurofound research on TAW and collective bargaining, 2008

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Bipartite funds at the national level

Where sectoral social partners have constructive social dialogue, they manage to establish bipartite funds to enhance conditions for temporary agency workers

Bipartite funds exist in 7 EU countries

Source: BCG/Eurociett, “Adapting to change”, 2011

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Bipartite funds: example of the NL

Source: BCG/Eurociett, “Adapting to change”, 2011

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Way forward at the EU levelEurociett/UNI Europa joint work programme for 2013/2014, focusing on:

• Discussion on the Agency Work Directive as in December 2013 the European Commission will issue its official assessment on the implementation

• Continued promotion of social dialogue through presentations at the SSDC of national social dialogue/CLAs (DE, AT, DK, CH)

• Presentation on the Dutch labour inspectorate + CLA police to show commitment to quality and to fight rogue agencies

Next proposed joint project 2013-2014 “How temporary agency work compares with other forms of work”

• The project will provide qualitative and quantitative data to compare TAW with other forms of work (e.g. fixed-term contracts, self-employment) on:

• market share, • regulation, • access to social security, vocational training, • social dialogue, etc.

• The data will be compiled in an EU overview and complemented with 4-6 national case studies (ES, DE, NL, etc.)

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Way forward at the national level

Continue the exchange between social partners in Croatia beyond this roundtable

Eurociett and UNI Europa will continue to support the Croatian social partners in the TAW sector

Continue to promote social dialogue to enhance conditions of temporary agency workers at the national level

• In respect with the national diversity and practice• Learning and exchanging best practices with Eurociett and UNI

Europa’s members

The Croatian social partners are invited to be part of the regular meetings of the SSDC, the next one being on 16 October.