Implementation of the temporary agency work Directive
European Union Directive 2008/104/EC on temporary agency work introduced a number of fundamental conditions with regard to the equal treatment of temporary agency workers and other workers.
The temporary agency workers Directive will be implemented into national law by means of planned changes to several federal acts (initially envisaged to enter into force on 1 July 2012 – however now delayed). In particular, they expressly provide for the equal treatment of temporary agency workers.
The equal legal status of temporary agency workers will be implemented in the following way:
- The Austrian Temporary Agency Worker Act (AÜG) will be amended in relation to payment, working hours, holiday and the access to corporate welfare facili-ties. As such, working and employment conditions which are laid down by leg-islation or collective bargaining agreements will have to be taken into account, as well as other binding general provisions in force in the user undertaking.
- In the Austrian Labour Relations Act (ArbVG), the rights of the works council concerning temporary agency workers will be extended. In the Austrian Occupational Health and Safety Act (ASchG), the protection of temporary agency workers will be improved, including enhancing the informa-tion obligations.
For example, the user undertaking must give the temporary work agency in-formation on the required expertise, health requirements, etc. which are nec-essary for the new work, not only before the assignment but also before any change of use of the temporary agency worker.
- The Employment of Foreign Nationals Act (AuslBG) will be modified, changing the term “employment” and “employer” to take account of temporary agency workers.