European Labour Law Jean Monnet Chair of EU Labour Law Academic Year 2017-2018 Silvia Borelli: silvia.borelli@unife.it http://www.unife.it/giurisprudenza/giurisprudenza/studiare/european-labour-law Please, check the web site for any materials distributed during the course! Lesson 7

Part-Time Work A Framework Agreement between Europe’s employers and trade unions sets out to eliminate unjustified discrimination against part-time workers and improve the quality of part-time work. It also aims to facilitate the development of part-time work on a voluntary basis and contribute to the flexible organisation of working time in a way that takes account of employers’ and workers’ needs. The Framework Agreement requires that part-time workers’ employment conditions may not be less favourable than those of comparable full-time workers, unless there are objective reasons for different treatment. Employers should fully consider: — requests to transfer from full-time work to any part-time work that becomes available — requests to transfer from part-time to full-time or to increase working time where the opportunity arises — providing timely information on the availability of part-time and full-time jobs — measures to promote part-time work at all levels of the company — providing appropriate information to worker's representatives about part-time working. A worker’s refusal to transfer from full-time to part-time work or vice versa should not in itself be a valid reason for dismissal. The FA is backed by an EU Directive (97/81/EC), which was extended to the UK by another Directive (98/23/EC).

Fixed-Term Work EU Directive on Fixed-Term Work (1999/70/EC) is based on a Framework Agreement between Europe’s trade unions and employers. The agreement concerns fixed-term workers (including seasonal workers) with the exception of workers placed at the disposal of a user undertaking by a temporary employment agency. Moreover, the Member States may provide that this agreement does not apply to: initial vocational training relationships and apprenticeship schemes; employment contracts and relationships which have been concluded within the framework of a specific public or publicly-supported training, integration and vocational retraining programme. The agreement on fixed-term work forbids employers to treat fixed-term workers less favourably than permanent workers, unless different treatment can be justified on objective grounds. To prevent abuse of successive fixed-term contracts, EU Member States, after consultation with the social partners, must put in place one or more of the following limits: the objective reasons that would justify the renewal of fixed-term contracts or relationships the maximum total duration of successive fixed-term employment contracts and relationships the permitted number of renewals.

Temporary Agency Workers The Directive on Temporary Agency Work (2008/104/EC) aims to guarantee a minimum level of effective protection to temporary workers and to contribute to the development of the temporary work sector as a flexible option for employers and workers. Temporary agency workers are employed by a temporary-work agency and temporarily placed at the disposal of user undertakings . The Directive lays down the principle of non-discrimination between temporary workers and workers who are recruited by the user company. The principle of equal treatment applies to the basic working and employment conditions relating to: the duration of working time, overtime, breaks, rest periods, night work, holidays and public holidays; pay. Workers also receive equal treatment with regard to: the protection of pregnant women and nursing mothers; the protection of children and young people; equal treatment for men and women; protection against discrimination based on sex, race or ethnic origin, religion, beliefs, disabilities, age or sexual orientation. Member States may authorise the social partners to define specific working and employment conditions for agency workers. After consulting the social partners, Member States may also provide the option to derogate from the principle of equal pay for agency workers who have a permanent contract of employment (PCE) and who continue to be paid between two assignments.

Temporary Agency Workers TAWs should have equal access to amenities and collective services at work. Member States should facilitate training access for temporary workers. The user company should keep temporary workers informed of any permanent vacancies. Member States must ensure that any clauses preventing the conclusion of a contract of employment or an employment relationship between the user undertaking and the temporary worker are null and void or may be declared null and void. Temporary workers should not be charged any recruitment fees.

Health and Safety in Fixed-Term and Temporary Employment EU directive 91/383/EEC ensures that fixed-term and temporary agency workers, who are more exposed to the risk of accidents at work and occupational diseases than other workers, have the same level of safety and health protection at work as other employees. It also provides for a duty on undertakings to give adequate information and training to these particular workers before they take up their duties in order to protect their safety and health at work. It gives Member States the option of prohibiting fixed-term and temporary workers from being used for certain types of work which would be particularly dangerous to their safety or health, and in particular for certain work which requires special medical surveillance as defined in national legislation. Member States are in any case required to ensure appropriate special medical surveillance. Finally, the Directive clarifies the responsibilities between temporary employment agencies and user undertakings regarding information and training and the conditions governing performance of the work.