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An Update on the Temporary and Agency Workers Bill


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10 July 2008

The Commissioner v Luxembourg Case


Our latest report on the effect of Viking, Laval and Rüffert covered the experience of the Balpa airline pilots working for British Airways. Since then the ECJ have ruled in the Luxembourg case. This time it wasn’t an employer looking for backing from the European Court to stop unions being able to defend pay and conditions, but the European Commission itself.

The ECJ supported the Commission in deciding that the Posting of Workers Directive – designed to protect those sent to work abroad – had gone too far, in relation to requirements for maximum work periods and minimum rest periods. The result is that Luxembourg must now change its law so that it enables foreign workers to be used to undermine the conditions of workers in Luxembourg.


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United Campaign to Repeal the Anti Trade Union Laws, 39 Chalton Street, London, NW1 1JD | info@unitedcampaign.org.uk