Temporary Agency Work Directive: Working and Employment Conditions

• Author: Catherine Barnard

Speaker

Catherine Barnard, FBA, FLSW, FRSA is Professor of EU law and Employment Law and senior tutor and fellow of Trinity College, Cambridge. She is the author of EU Employment Law (Oxford, OUP, 2012, 5th ed.), The Substantive Law of the EU: The Four Freedoms, (Oxford, OUP, 2021, 7th ed), and (with Peers ed), European Union Law (Oxford, OUP, 2020, 3rd ed). She is a member of the European Commission funded European Labour Law Network (ELLN).

She is also a Senior Fellow and deputy director of the UK in a Changing Europe project (UKCE). This is an authoritative, non-partisan thinktank which does research and provides information about all aspects of Brexit. Part of its remit is to make that information accessible to the general public. So UKCE does a lot of public engagement, especially with the media, civil servants, politicians and the public.

Topic

In her e-presentation, Professor Catherine Barnard delves into the intricacies of Article 5 within the Temporary Agency Work Directive of 2008/104. This directive is a crucial piece of European Union legislation that pertains to the working and employment conditions of temporary agency workers. Professor Barnard's analysis takes on even greater significance in light of the recent judgment rendered by the Court of Justice of the European Union (CJEU) in the case C-311/21, which involves CM and TimePartner Personalmanagement GmbH.

Article 5 of the Temporary Agency Work Directive serves as a cornerstone for establishing fair and equitable working conditions for temporary agency workers. It lays down specific provisions aimed at ensuring that these workers enjoy the same fundamental rights and protections as regular employees, despite the transitory nature of their employment arrangements. Professor Barnard's examination of Article 5 considers its implications for both the legal framework within the European Union and the practical implications for temporary agency workers.

The recent CJEU judgment, C-311/21 CM v TimePartner Personalmanagement GmbH, carries significant weight in shaping the interpretation and application of Article 5. This case provides a real-world context to the legal provisions and...