This document provides an overview of the EU legal framework governing atypical work contracts, including three waves of legislative initiatives since the 1990s that have expanded coverage. It summarizes the key directives on temporary agency work (2008/104/EC), fixed-term work (1999/70/EC), and part-time work (1997/81/EC). These directives aim to ensure equal treatment, prevent abuse of successive contracts, and improve quality for these types of flexible and non-standard employment.

1. Atypical
work
contracts
Overview of
the EU legal
framework

2. Introduction
• 3 waves of legislative initiatives since 1990s
• Scope measures enlarged over time
• Including 2 social partners agreements
Myths – loopholes/lacunes – opportunities -
challenges

3. Directive 91/383/EEC
• Purpose: ensure that workers with a fixed-duration or
temporary employment relationship are afforded, as
regards health and safety at work, the same level of
protection as other workers in user
undertaking/establishment
• Implementation report
• Commission Staff working papers [SEC (2004) 635 and
SEC (2011) 982 final]
• Practical effects - impact

4. Council Directive 97/81/EC – Framework
Agreement on part-time work
• Purpose:
 Removal of discrimination against part-time workers;
 Improve the quality of part-time work;
 Facilitate the development of part-time work on a
voluntary basis
 Contribute to the flexible organization of working time
in a manner which takes account of the needs of
employers and workers,

5. Council Directive 97/81/EC – Framework
Agreement on part-time work (2)
• Clause 4 – principle of non-discrimination:
 Not be treated in a less favourable manner than
comparable full-time workers
 Unless different treatment justified on objective
grounds [§1]
 Where appropriate, principle pro rata temporis [§2]
 Pending case C-476/12

6. Council Directive 99/70 – framework
agreement on fixed-term work
• Purpose:
 Improve quality of fixed term work by ensuring
the application of the principle of non-
discrimination;
 Establish a framework to prevent abuse arising
from successive fixed-term employment contracts,
NB. Preambule 2d paragraph

7. Council Directive 99/70 – framework
agreement on fixed-term work (2)
• Clause 4 – principle of non-discrimination:
With respect to employment conditions:
Not be treated in a less favourable manner than
comparable full-time workers
Unless different treatment justified on objective grounds
[§1]
Where appropriate, principle pro rata temporis [§2]

8. Council Directive 99/70 – framework
agreement on fixed-term work (3)
• Clause 5 – measures to prevent abuse:
One or more of the following measures:
 Objective reasons justifying the renewal;
 Maximum total duration of successive fixed-term
contracts;
 Number of renewals of such contracts
NB. No automatic right to conversion

9. Council Directive 99/70 – framework
agreement on fixed-term work (4)
• Clause 5 – measures to prevent abuse:
Concept 'objective reasons ' justifying renewal :
 Concept not defined by the framework agreement;
 Meaning and scope to be determined on basis objective pursued FA
and context clause 5(1)(a);
 National law should provide objective and transparent criteria to
verify whether actually respond to genuine need and appropriate
for achieving objective pursued and necessary for that prupose.

10. Council Directive 99/70 – framework
agreement on fixed-term work (5)
• Clause 5 – measures to prevent abuse:
Concept 'objective reasons ' justifying renewal :
 Mere fact that fixed-term contracts are concluded to
cover permanent or recurring need for replacement
staff does not in itself suffice to rule out the
possibility that each of those contracts, viewed
individually, were concluded to ensure a temporary
replacement.

11. Council Directive 99/70 – framework
agreement on fixed-term work (6)
• Clause 5 – measures to prevent abuse:
Concept of successive:
 Not separated by a period longer than 20 working
days;
 Separated by a period less than 3 months.
Quid: period of one month [PL] ?????

12. Council Directive 99/70 – framework
agreement on fixed-term work (7)
• Clause 6 – information and employment opportunities
• Clause 7 – information and consultation

13. Directive 2008/104/EC on temporary
agency work
• Aim:
 Ensure protection of temporary agency workers and improve
the quality of temporary agency work by ensuring the principle
of equal treatment,
 Recognissing temporaryagnecies as employers, while taking
into account the need to establish a suitable framework for the
use temporary agency work
NB. Recital 15

14. Directive 2008/104/EC on temporary
agency work (2)
• Main content:
 Principle of equal treatment re basic working and
employment conditions [Art. 5(1) jo. 3 (1) (f)];
 Review of restriction or prohibitions [Art. 4];
 Access to employment, collective facilities and
vocational training [Art. 6]
 Representation temporary agency workers [Art. 7]