Agency work is an embodiment of the ‘Flexicurity’ – issue: It is flexible due to its uncomplicated usage and fast availability in companies, but it is strictly regulated in order to provide sufficient security for the workers employed. It was created by the demand in the market for a more flexible method of utilization of the available of workforce, but the need to provide for security of the employee especially in this form of work was always recognized by the trade unions. Formerly called a ‘modern form of slave work’ it is now recognized as legal and its necessity is not anymore contested.
The share of temporary work in Europe saw a growth of 10% between 1991 and 1998 and it is believed to continue to grow. In the overall employment its share is still small: in 1998 a mere 1.4% of the total employment in Europe was agency work, but its dynamics and fluctuation of workforce makes it an important factor in the labour market. Agency work is an important part of the European labour policy as the Social Agenda recommended stimulating the creation of quality jobs, diversifying forms of employment and reconciling flexibility and security. Agency work is not equally spread in Europe: Around 80% of its workforce is employed in 4 countries: the Netherlands, France, Germany and the UK. The methods of regulation of agency work differ considerably between the Member States: Germany and Austria have specific definitions of and regulations for temporary work which mainly cover the relationship between the three partners. Denmark, the role model in terms of ‘Flexicurity’, only has a limited regulation while France, Italy, Belgium et al. have regulated agency work in detail covering not only the relationship but also the status of temporary workers. All over Europe different strategies have been employed to regulate this type of atypical work providing for more or less flexibility or security. On the European level a directive has been drawn up, that provides for significantly less protection than granted in Germany and Austria. The first intentions to regulate the matter are found in the 1980ies.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- The Employment Title and the Lisbon Strategy
- The Review Process of the Employment Title
- The Luxembourg Jobs Summit and the Employment Guidelines
- Flexicurity and the EU
- The Lisbon Strategy
- The OMC
- Corporate Social Responsibility (CSR)
- Flexicurity
- Flexicurity and Agency Work
- The Austrian Agency Work Legislation
- The Agency Workers Act (AÜG)
- Application and Exceptions
- Duties of the Employers
- Remuneration
- Other Provisions of Interest
- The German Agency Work Legislation
- AÜG: The Licensing System
- Exceptions from the obligation to obtain a licence
- The Personnel Service Agencies (PSA)
- Obligations of the Employer
- The Principle of Equality: Remuneration & Working time
- Other Provisions of Interest
- AÜG: The Licensing System
- Protection in Austria & Germany
- Austria
- Germany
- A floor of Rights for Temporary Agency Workers
- Protection in the Proposed Directive
- Conclusions
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This text explores the concept of "flexicurity" in the context of agency work in Austria and Germany. The main objective is to analyze whether a "floor of rights" for agency workers is necessary in these countries. The text examines existing legislation on agency work, comparing the legal frameworks in Austria and Germany with the proposed EU directive. It also evaluates the level of protection provided to agency workers in each context, considering aspects such as remuneration, working time, and social rights.
- Flexicurity and its application in the context of agency work
- Comparison of agency work legislation in Austria and Germany
- Analysis of the level of protection granted to agency workers in both countries
- Evaluation of the proposed EU directive on temporary agency work and its implications for worker protection
- Discussion of the necessity of a "floor of rights" for agency workers
Zusammenfassung der Kapitel (Chapter Summaries)
The first chapter provides an overview of the concept of agency work and its historical development in Europe. It discusses the emergence of the flexicurity debate and highlights the need for regulations to ensure security for agency workers. The second chapter focuses on the Employment Title and the Lisbon Strategy, outlining the EU's efforts to address unemployment and promote employment growth.
The third chapter delves into the concept of flexicurity and its application in the context of agency work. It discusses the rationale behind this approach and its implications for the labor market. The fourth and fifth chapters present a detailed analysis of the Austrian and German Agency Work Legislation, respectively. These chapters cover key aspects of the laws, including the licensing system, employment obligations, remuneration, and other provisions of interest.
The sixth chapter examines the level of protection offered to agency workers in Austria and Germany. It compares the legal frameworks and highlights the differences in the level of protection provided. The seventh chapter explores the proposed EU directive on temporary agency work, focusing on the protection measures it proposes for agency workers.
Schlüsselwörter (Keywords)
The core concepts of this text revolve around the themes of flexicurity, agency work, labor market regulation, worker protection, and the EU's approach to employment policy. It examines the complexities of balancing flexibility and security in the context of temporary employment, focusing on key concepts such as remuneration, working time, social rights, and the proposed EU directive.
- Quote paper
- Olivia Homolatsch (Author), 2007, Flexicurity in Austria and Germany - is a "floor of rights" for agency workers necessary, Munich, GRIN Verlag, https://www.grin.com/document/115322
