EIRP Proceedings, Vol 8 (2013)

Considerations on National and Union Regulations of Work through a Temporary Employment Agent

Carmen Constantina Nenu

Abstract


The necessity to adapt the organizational structure of economic operators to the competitive European market requirements has imposed measures that have also influenced labor relations. The permanent and full-time employment relationship has been largely replaced by other types of more flexible labor relationships: temporary employment, part-time work, working from home and temporary assignment through an employment agency. All these types of work relationships are characterized by a decrease of guarantees for the employee and by a reduction of trade union power. Thus, they are considered atypical work relationships. The need to make the flexibility of labor relationships compatible with the protection of employees' rights has been a challenge that must be faced by social policies and also by labor law. In this context, the use of a temporary employment agent has been a tool for flexible working relationships both with the economic operators and within the labor market as a whole. The importance and role of this type of working relationship has, therefore, acquired significant legal, economic and social dimensions, which this study intends to analyze. In a European economy hit by the jobs crisis, reliance on work through a temporary employment agent can be a way to reduce unemployment. This happens only if the temporary workers benefit from legal protection and equal treatment as permanent employees.


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