No C 128/2 Official Journal of the European Communities 19.5.82 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive concerning temporary work 
(Submitted by the Commission to the Council on 7 May 1982) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to, the Treaty establishing the 
European Economic Community, and in particular 
Article 100 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the Council adopted on 18 December 1979 
• a resolution on the adaptation of working time (') 
which states with regard to temporary work that 
'Community measures in support of action by 
Member States should be undertaken to ensure that 
temporary work is supervised and that temporary 
workers receive social protection'; 
Whereas the European Parliament adopted on 
17 September 1981 a resolution (2) which states that 
temporary work 'is assuming disquieting proportions' 
and that the Commission should therefore 'propose to 
the Council a clear definition of temporary work and 
guidelines for ensuring that it is not abused'; 
Whereas permanent employment must remain the 
rule; whereas in all cases where temporary workers 
do not enjoy the same protection as permanent 
workers recourse to temporary labour should 
therefore be confined to situations where it is 
economically justified and restricted in terms of 
duration of contract; 
Whereas action should be taken to eliminate abuses 
with regard to the two main forms of temporary 
employment, namely the supply of workers by 
temporary employment businesses and the direct re­
cruitment of workers on fixed duration contracts, and 
temporary labour subcontracting with delegation of 
authority should be treated as the supply of workers 
by temporary employment businesses; 
(') OJ No C 2, 4. 1. 1980, p. 1. 
(2) OJ No C 260, 12. 10. 1981, p. 54. Whereas permanent workers must be protected 
against the misuse of labour supplied by temporary 
employment businesses or engaged on the basis of 
fixed-duration contracts; 
Whereas employers' operational flexibility must be 
maintained, in particular where they are subject to 
short-term fluctuations in staff numbers or economic 
activity; 
Whereas national arrangements for the supervision of 
the activities of temporary employment businesses 
vary greatly from one Member State to another and 
are, indeed, non-existent in certain of them; whereas 
these disparities distort the conditions of competition 
between undertakings from different Member States, 
hindering the operation of the common market, and a 
solution should therefore be found, notably by means 
of appropriate arrangements for the authorization 
and supervision of temporary employment businesses; 
Whereas steps should be taken to ensure that 
temporary employment businesses do not become 
concentrated in those Member States where the laws 
are least strict and workers are least well protected; 
whereas these problems cannot be solved at national 
level alone and should therefore be remedied by 
approximating the relevant laws while maintaining 
progress as required under Article 117 of the Treaty; 
Whereas the activities of temporary employment 
businesses are taking on an increasingly international 
character, with businesses established in one Member 
State operating in others either by recruiting or 
supplying labour there or by setting up subsidiaries, 
agencies or branches there; whereas the disparity of 
the rules from country to country creates problems at 
Community level which cannot be solved at national 
level alone; 
Whereas temporary employment businesses should be 
prevented from exploiting the rules on freedom to 
provide services and freedom of movement for 
workers in such a way as to avoid the rules applicable 
in other Member States, 
19.5.82 Official Journal of the European Communities NoC 128/3 
HAS ADOPTED THIS DIRECTIVE: 
SECTION I 
DEFINITIONS 
Article 1 
This Directive relates to temporary work as opposed 
to permanent work. 
For the purposes of this Directive the following 
definitions shall apply: 
(a) Permanent work: Regular employment undertaken 
pursuant to a contract of employment or 
employment relationship of indefinite duration. 
(b) Supply of temporary workers: The activity engaged 
in by any natural or legal person regularly 
entering into contracts of employment or 
employment relationships with workers in search 
of jobs for the purpose of placing these workers 
temporarily at the disposal of another business for 
the performance of an assignment. 
The term /supply of temporary workers' shall also 
be deemed to cover activities engaged in pursuant 
to contracts which, whilst ostensibly relating to 
temporary labour subcontracting, in reality 
involve the delegation of authority to the user 
undertaking. 
(c) Temporary worker: Any worker who enters into a 
contract of employment or an employment 
relationship with a temporary employment 
business for the purpose of carrying out an 
assignment with a user undertaking. 
(d) Permanent worker: Any worker who enters into a 
contract of employment of indefinite duration 
with an employer. 
(e) Temporary employment business: Any natural or 
legal person entering into temporary employment 
contracts or temporary employment relationships 
in the capacity of employer. 
(f) Temporary employment contract: The contract or 
employment relationship entered into by the 
temporary employment business and the 
temporary worker. 
(g) User undertaking: Any natural or legal person to 
whom workers are supplied within the meaning 
of point (b). 
(h) Labour supply contract: The contract between the 
temporary employment business and the user 
undertaking by virtue of which a temporary 
worker is placed at the disposal of the user under­
taking for the performance of an assignment. 
(i) Assignment: A temporary job of work performed 
by a temporary worker for a user undertaking. (j) Fixed-duration contract of employment: Any 
contract of employment or employment 
relationship establishing a direct legal relationship 
between a worker and an employer, whose termi­
nation of which is determined by objective 
conditions such as a specified date of expiry, 
completion of a specified task or the occurrence 
of a specified event. 
SECTION II 
SUPPLY OF TEMPORARY WORKERS 
Article 2 
1. Member States shall ensure that no temporary 
employment business ,may pursue its activities without 
obtaining authorization from the competent auth­
orities. They shall moreover ensure that the activities 
of businesses so authorized are adequately supervised. 
2. Any Member State (host country) may prohibit 
the pursuit of activities within its territory by a 
temporary employment business authorized in 
another Member State (country of origin) if the 
business concerned does not fulfil the specific 
conditions which the host country imposes on its own 
nationals in the general interest. 
3. It shall be unlawful to engage in the supply of 
temporary workers without the authorization referred 
to in this Article. Where temporary workers have 
been supplied unlawfully, the user undertaking shall 
bear a secondary liability, in the event of default by 
the temporary employment business, for the social 
security conbributions, remuneration and other 
benefits due to the temporary workers concerned 
including, where appropriate, the cost of repatriation. 
Article 3 
1. Labour supply contracts may be concluded only 
in the following circumstances: 
(a) a temporary reduction in the workforce, or 
(b) a temporary or exceptional increase in activity. 
2. In cases covered by paragraph 1 (b), the 
maximum duration of each assignment shall be three 
months, renewable once. An extension beyond six 
No C 128/4 Official Journal of the European Communities 19. 5. 82 
months may, however, be authorized by the 
competent authorities where it can be shown that this 
is justified by exceptional circumstances. 
3. No post shall be occupied by successive 
temporary workers after expiry of the periods fixed in 
paragraph 2. 
4. Member States may derogate from the 
provisions of paragraph 1 where the social benefits 
accorded by virtue of labour law, collective 
agreements or customary industrial practice in the 
undertaking are enjoyed by temporary workers on 
the same terms as permanent workers. 
Article 4 
Temporary workers may not be excluded from social 
security schemes and their contributions and benefits 
shall be calculated on the same basis as for permanent 
workers, subject where applicable to special 
provisions taking into account the duration of 
employment and/or the remuneration received. 
Article 5 
1. Where a temporary employment contract is not 
of indefinite duration the duration of employment 
shall be clearly defined in writing in terms either of a 
specified date of expiry or of completion of a 
specified task or of the occurrence of a specified 
event. 
2. In addition, the nature of the work to be 
performed, the place of work and working hours, the 
agreed remuneration and the allowances to which the 
temporary worker is entitled shall be defined in 
writing as between the temporary employment 
business and the worker. 
3. In the event of the contract not being duly 
evidenced in writing, it shall be subject to the rules 
governing contracts of employment of indefinite 
duration. 
4. Clauses prohibiting the conclusion of a contract 
of employment between the user undertaking and the 
temporary worker after the completion of the latter's 
assignment shall be null and void or capable of being 
declared so. 
Clauses compelling the user undertaking to pay 
compensation to the temporary employment business 
in the event of the conclusion of such a contract of 
employment shall likewise be null and void or capable 
of being declared so. Article 6 
Unless laid down within the framework of collective 
agreements concluded within the temporary 
employment business or for the temporary 
employment sector, the remuneration received by a 
temporary worker shall be comparable to that 
received by workers occupying equivalent posts in the 
user undertaking or that provided for in the collective 
agreement for the sector concerned. 
Article 7 
1. In the event of a temporary employment 
contract being terminated by the temporary 
employment business before the date of expiry 
specified, before completion of the task specified or 
before occurrence of the event specified, the 
temporary worker shall be entitled to compensation 
equal to the remuneration which he would have 
received had the contract not been terminated early. 
2. The provisions of paragraph 1 shall be without 
prejudice to the application of national law 
concerning force majeure or serious misconduct on the 
part of the worker. 
Article 8 
Procedures for informing workers 
The user undertaking shall be required to inform the 
representatives of its employees before having 
recourse to temporary workers on the basis of 
Article 3 (1) (b) or (4). 
To this end, the user undertaking shall be required to 
communicate in writing to the representatives of its 
employees all pertinent information with regard in 
particular to: 
— the reasons for having recourse to temporary 
workers, except in the case of the application of 
Article 3 (4), 
— the duration of the assignments involved, 
— the number of temporary workers involved, 
— the occupational qualifications required, 
— the intended level of remuneration (information to 
be provided to the user undertaking by the 
temporary employment business, if necessary), 
— the amount to be paid by the user undertaking to 
the temporary employment business, 
— the place and hours of work and, the particular 
nature of the jobs to be performed. 
19. 5. 82 Official Journal of the 
Article 9 
1. Temporary workers shall, for the duration of 
their assignment, be subject to the laws, regulations, 
and administrative and collectively agreed provisions, 
and the customary practices in force in the user 
undertaking as regards working conditions. 
2. Working conditions shall include all matters 
relating to working hours, night work, weekly rest 
periods, public holidays, safety and health, and 
special medical surveillance to the extent that the 
rules in force require this for the work in question. 
3. Temporary workers shall have access to any 
communal social facilities provided in the user under­
taking. 
Article 10 
Temporary workers supplied on the basis of Article 3 
(1) (b) or 4 shall be deemed to form part of the user 
undertaking's workforce for the purposes of 
determining such of that undertaking's social 
obligations under law, collective agreements or 
customary industrial practice in the undertaking as 
are linked to the number of workers employed. 
Article 11 
Temporary workers shall not be recruited or used to 
perform the duties of employees who are on strike. 
SECTION III 
SPECIAL PROVISIONS 
The cross-frontier supply of temporary workers 
Article 12 
1. Member States shall exchange all information 
on the supply of temporary workers by employment 
businesses. To this end, they shall designate liaison 
offices, either assigning this task to an existing body 
or creating a new body for the purpose. The relevant 
details shall be communicated to the other Member 
States and the Commission. European Communities No C 128/5 
2. The liaison offices shall exchange information 
relating to: 
— laws, regulations and administrative provisions in 
force with regard to the supply of temporary 
workers; 
— any amendments thereto. 
3. Each liaison office shall inform the liaison 
offices in the other Member States as quickly as 
possible of decisions concerning the refusal, 
suspension or withdrawal of authorization. The 
liaison offices shall further inform each other of any 
abuses arising in connection with the application of 
laws, regulations and administrative provisions on the 
supply of temporary workers. 
4. The information referred to in paragraph 3 shall 
also be communicated for information purposes, to 
the European Coordinating Office and the Technical 
Committee on the Free Movement of Workers 
established by Council Regulation (EEC) No 1612/ 
68 ('). 
Article 13 
1. Member States shall, with a view more par­
ticularly to ensuring effective mutual assistance in 
administrative matters, take the necessary steps to 
establish genuine coordination and cooperation 
between the authorities responsible for matters 
concerned with the supply of temporary workers. 
2. The assistance referred to in paragraph 1 shall 
consist in particular in replying directly and without 
undue delay to any reasoned request for information 
concerning problems with regard to the supply of 
temporary workers, apparent abuses and possible 
cases of unlawful cross-frontier activities within the 
meaning of this Directive. Mutual administrative 
assistance shall be provided free of charge. 
3. The authorities of the Member States shall assist 
each other in connection with: 
— the consideration of applications for authorization 
to engage in the supply of temporary workers, 
— the supervision of authorized temporary 
employment businesses, 
— the prosecution of unauthorized temporary 
employment businesses; 
— the detection and prosecution of businesses 
engaged in the supply of temporary workers 
under cover of temporary labour subcontracting, 
(l) OJ No L 257, 19. 10. 1968, p. 2. 
No C 128/6 Official Journal of the European Communities 19.5.82 
— the payment of the unsatisfied claims of 
temporary workers carrying out assignments in a 
Member State other than that in which the 
temporary employment business has been declared 
insolvent in accordance with Council Directive. 
80/987/EEC ('). 
Article 14 
The Advisory Committee on the Free Movement of 
Workers created by Regulation (EEC) No 1612/68 
shall be responsible for reviewing the results of the 
exchanges of information, collaboration and mutual 
assistance between Member States provided for in this 
Directive. 
SECTION IV 
FIXED-DURATION CONTRACTS 
Article 15 
1. An employer may conclude a fixed-duration 
contract of employment only in the following 
circumstances: 
(a) to cope with a temporary reduction in the 
workforce; 
(b) to cope with a temporary or exceptional increase 
in activity or seasonal activities; 
(c) for the execution of a clearly defined occasional 
task of a transient nature; 
(d) where the special nature of the work is such as to 
justify the conclusion of fixed-duration contracts 
and contracts of employment of indefinite 
duration are not customary; 
(e) in connection with the launching of a new activity 
of uncertain duration. 
2. Member States may exclude certain contracts of 
employment — or employment relationships — from 
the application of this Section by reason of their 
special nature or of the special needs of certain 
sectors of activity. 
Such contracts are listed in an Annex to this 
Directive. 
3. In the event of a breach of the above provisions, 
the contract of employment shall be deemed to be of 
indefinite duration. 
4. Member States may derogate from the 
provisions of paragraphs 1 and 3 where workers 
(') OJ No L 283, 28. 10. 1980, p. 23. engaged on fixed-duration contract enjoy the social 
benefits accorded to permanent workers by virtue of 
labour law, collective agreements or the customary 
industrial practice of the undertaking. 
Article 16 
1. The duration of employment shall be clearly 
defined in writing in terms either of a specified date 
of expiry or of completion of a specified task or of 
the occurrence of a specified event. 
2. In addition, the nature of the work to be 
performed, the place of work and working hours, the 
agreed remuneration and the worker's entitlements 
with regard to annual holiday payments shall be 
defined in writing as between the employer and the 
worker; the document setting out this information 
shall also specify the duration of any probationary 
period. 
3. In the event of the contract not being duly 
evidenced in writing, it shall be subject to the rules 
governing contracts of employment of indefinite 
duration, except where the terms and conditions of 
employment of a specified category of workers are 
defined by a collective agreement. 
Article 17 
Unless laid down within the framework of collective 
agreements concluded within the undertaking or at 
sectoral level, the remuneration of a worker on fixed-
duration contract shall not be less than that received 
by permanent workers occupying equivalent post. 
Article 18 
1. In the event of a fixed-duration contract being 
terminated by the employer before the date of expiry 
specified, before completion of the task specified or 
before the occurrence of the event specified, the 
worker shall be entitled to compensation equal to the 
remuneration which he would have received had the 
contract not been terminated early. 
2. The provisions of paragraph 1 shall be without 
prejudice to the application of national law 
concerning force majeure or serious misconduct on the 
part of the worker. 
Article 19 
The employer shall be required to inform the rep­
resentatives of his employees when he recruits 
workers on fixed-duration contract. 
19.5.82 Official Journal of the European Communities No C 128/7 
Article 20 
Workers on fixed-duration contract shall be deemed 
to form part of the workforce for the purposes of 
determining such of the undertaking's social 
obligations under law, collective agreements or 
customary industrial practice in the undertaking as 
are linked to the number of workers employed. 
Article 21 
Workers employed on limited-duration contract shall 
not be recruited or used to perform the duties of 
employees who are on strike. 
SECTION V 
FINAL PROVISIONS 
Article 22 
1. Member States shall bring into force the 
necessary laws, regulations and administrative provisions to comply with this Directive not later than 
1 January 1984 and shall forthwith inform the 
Commission thereof. 
2. Member States shall communicate to the 
Commission the texts of the laws, regulations and 
administrative provisions which they adopt in the field 
covered by this Directive. 
Article 23 
Within two years following expiry of the period laid 
down in Article 22, Member States shall transmit all 
relevant information to the Commission in order to 
enable it to draw up a report on the application of 
this Directive fpr submission to the Council. 
Article 24 
This Directive is addressed to the Member States.