Agency Work: From Marginalisation towards Acceptance? Agency work in EU Social and Employment Policy and the 'implementation' of the draft Directive on Agency work into German law

Research output: Contribution to journalArticle

Abstract

the article analyses regulatory concepts in addressing agency work, a form of precarious work which has come to be viewed as offering solutions to unemployment by providing enhanced flexibility, and thus gained acceptance more widely from the early 1990s. It traces the legislative development towards acceptance of agency work by comparing the EU approach with the German approach. It also addresses the more general question whether needs for flexibility of employers and employees are capable of being reconciled by recourse to new methods of organising work
and what regulatory policy is most likely to achieve this reconciliation. After giving an overview of the definition of agency work with a specific reference to the inherent risks and the potential of enhancing flexibility and resulting regulatory approaches, the article analyses the EU strategy on regulating agency work, especially within the conceptual framework of the EU employment policy. The next step is to analyse the latest legislative reform in Germany and its consequences, with reference to the historical development of the approach towards agency work . The conclusion assesses whether the German legislation complies with the draft directive, which national peculiarities shape its practical effects and what recommendations may be referred for the final version of the draft EU directive.
Original languageEnglish
Pages (from-to)3-23
Number of pages21
JournalGerman Law Journal
Volume5
Issue number10
Publication statusPublished - 2004

Keywords

  • Agency Work
  • Precarious Work
  • European Union Employment Law
  • Flexicurity

ASJC Scopus subject areas

  • Law

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