31 October 2008

European Parliament Votes for New Rights for Agency Workers

The European Parliament voted to support the introduction of the Agency Workers Directive on 22 October, which makes the directive all the more likely to be adpoted by the other institutions of the EU.

Temporary and agency workers will be given more rights under the Directive which will deliver equal pay and working conditions after 12 weeks, however doesn't provide for sick pay or pensions.

Further information

• Read the TUC Press Release - TUC welcomes new rights for agency workers
• Read the ETUC Press Release - Adoption of Temporary Agency Work Directive breaks deadlock on social Europe

Previous Articles:

2 June 2008

A Step Forward for Vulnerable Agency Workers

On 21 May Andrew Miller withdrew his Private Member’s Bill on Temporary and Agency Workers in the light of an agreement with Government, the CBI and the unions. If the agreement is honoured there will be an EU Directive soon to give equal pay to agency workers – albeit after 12 weeks on the job. The devil will be in the detail and we will wait to see how effective the legislation is.

This is an example of continuous pressure producing results. To quote Paula Goodman recently: “We must keep coming back to seemingly unbreakable walls with stronger chisels”.

Further information

• Read the press release from TUC



• Read the Joint Agreement

10 March 2008

Temporary and Agency workers and the bigger picture

With matters moving at such a pace, events are changing by the day. Here is a round up of the latest developments.

Miller's Bill

Andrew Miller’s Private Member’s Bill for Temporary and Agency Workers passed the second reading stage on Friday 22 February. Over 100 MPs are needed on a Friday to stand a chance at second reading and over 140 were there to vote it through, including a few ex-ministers, such as Peter Hain, John Prescott and Ian McCartney. The Government Minister on the day reluctantly let it through but the Government can be expected to oppose later stages. Although two or three Tories spent the day trying to filibuster and talk the Bill out they failed.

The Commission – the long grass or the way forward?

The following Monday, Gordon Brown met with the unions to try to convince them the future lies with a Commission to look at the matter, but that could take years and the CBI have said they will not go along with a Commission to deliver the unions’ agenda. The “unions’ agenda” though, amounts to a manifesto commitment.

At Labour’s Spring Conference last weekend, Tony Dubbins, the chairman of Tulo, the group representing unions affiliated to Labour, speaking in favour of urgent talks on new reforms, said unions should oppose attempts to cap their donations and demanded delivery for temporary and agency workers.

Tony said the government's proposal for a commission on agency workers was not acceptable since it would provide for "a third party veto" over a Labour manifesto commitment. He added that ministers had yet to give any commitments on key issues including the length of time an agency or temporary worker would have to be in employment before they could qualify for the same employment rights as a full-time worker.

The CBI are insisting on a 12-month qualifying period, whilst the unions are proposing day-one rights.

Meanwhile in Europe…

The ETUC are busy considering a resolution in response to the Laval and Viking cases, to include calls for a clear understanding of the fundamental human rights that help workers, as contrasted with those of business. ETUC thinks the European Court of Justice (ECJ) has identified a tier of rights within the EU, where human rights are subordinate to rights of business to operate anywhere in the EU, with unions only being able to fight for minimum standards.

This resolution, which is being debated on the day this is being written (4 March), also calls for urgent adoption of rights for agency workers across the EU.

As readers of this site will know, the opportunity for business to treat agency workers is being used by business to undermine the pay and conditions for everyone…and in December the UK Government did a deal with the German Government to scupper the draft directive for agency workers.

The Directive would not - as many think – provide equal treatment for agency workers. Neither would Andrew Miller’s Bill. In fact, some falsely argue that the Bill would give agency workers more rights than permanent staff. But the Directive and the Bill seek to give a right to agency worker to seek equal pay and basic terms for holidays and sickness.

What next…

Another decision from the ECJ – Rueferrt – due in a couple of week’s which considers collective agreements, public procurement contracts and businesses arguments that this interferes with their EU Treaty rights to do what they want throughout Europe. We’ll report on that case here.

The report stage for the Miller’s Bill is yet to be set, but the next debate on the Employment Bill in the Lord’s is set for 13 March. We’ll continue to press for progressive amendments to that as it goes forward.

The United Campaign has a rally on the need for a trade union freedom Bill on 5 April in Nottingham and we are preparing for the conference season.

9 January 2008

Temporary and Agency Workers and the Race to the Bottom

In early December, when the decisions in Viking and Laval were awaited, we had the spectacle of the UK Government – with only one or two others – scuppering a proposed EU directive for equal treatment for temporary and agency workers. The failure to have such equal treatment is another driver in the race to the bottom.

The unions are still trying to campaign for the Government to honour the principle of its commitment in the Warwick agreement in this regard. Andrew Miller MP has used his Private Member’s Bill for this purpose.

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