WRITTEN QUESTION E-2547/01 by Olle Schmidt (ELDR) to the Commission. Directive on agency work.
Date: 2001-09-19
Institutions: European Parliament, Provisional data
Subjects: drafting of EU law, social dialogue (EU), social partners, temporary employment, temporary employment agency

C 93 E/156

Official Journal of the European Communities

EN

18.4.2002

(2002/C 93 E/185)

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prerequisite is that EU governments remove outdated restrictions that often have the sole effect of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.