WRITTEN QUESTION E-2547/01

by Olle Schmidt (ELDR) to the Commission

(19 September 2001)

Subject: Directive on agency work

It is regrettable that the social partners (UNICE and ETUC) failed to reach an agreement on temporary work in May.

At the same time, it is important to note that private employment agencies play a vital role in the European social economy. Private employment agencies could considerably contribute to the achievement of the Lisbon objectives of increasing the employment rate from 60 % to 70 % over ten years. However, a prerequisite is that EU governments remove outdated restrictions that often have the sole effect of preventing job-seekers from getting quality jobs.

With regard to the Commission's current drafting of a Directive on agency work, it is of vital importance that the Commission consults the sectoral dialogue committee already set up between CIETT (the trade association of private employment agencies) and UNI Europa (the sectoral union) before deciding on a draft Directive. It would be regrettable if the Commission pressed ahead with its drafting of a Directive without giving due attention to this reasonable request.

Can the Commission guarantee that such consultations will take place in the near future?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(26 October 2001)

The negotiations on temporary agency work constituted the social partners' response to a consultation launched by the Commission in 1996 calling for a European legislative measure on the working conditions governing part-time, fixed-term and temporary agency work. The objective of this consultation was to foster collective bargaining at Community level on the ways and means of improving flexibility in working time while creating security for employees.

The social partners decided to address these issues separately. Accordingly, they were able to successfully complete two negotiations between 1997 and 1998: on fixed term work and part-time work.

As far as the issue of temporary agency work is concerned, Community cross-industry social partners launched the negotiation process in May 2000. On 21 May 2001, the European social partners admitted that they were not able to come to agreement on temporary agency work.

This is the first time in the cross-industry social dialogue that the social partners have not reached an agreement on a negotiation under Article 138 (ex Article 118a) of the EC Treaty. The Treaty provides that in this case, the Commission regains its right of initiative, i.e. to table a proposal for a directive in the framework of the codecision procedure with the Parliament.

The Commission's draft proposal will build on the social partners' achievements during the negotiation process, in which CIETT(1) and UNI(2)-europa were involved. The Commission is happy to receive all contributions which could help it in understanding the views and expectations of all relevant actors in this industry. In particular, the social partners of the temporary agency work sector (CIETT and UNI Europa) are discussing in the framework of a sectoral social dialogue committee a joint declaration on the objectives of a European Directive on agency work and their final text was adopted the 8 October 2001. The Commission would certainly take into account the outcome of this work in drafting its future proposal.

Thus, the Commission will not launch a new formal consultation of social partners.

(1) The trade association of private employment agencies.

(2) The sectoral union.