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Transnational Labour Regulation

A Case Study of Temporary Agency Work


Kerstin Ahlberg, Brian Bercusson, Niklas Bruun and Haris Kountouros

This book illuminates the process and substance of transnational regulation of labour in a global economy. Transnational labour regulation, a central feature of the European social model, engages the 27 Member States of the European Union, and is of potential importance to the rest of the world. The book analyses the attempts at transnational regulation of temporary agency work through the social dialogue between trade unions and employers’ organisations at European level and the subsequent – and so far fruitless – EU legislative process. These two processes of transnational labour regulation, and their interaction, until now have been largely invisible. The book also highlights distinctive features of Member States’ national regulation as they interacted with the debates on EU transnational labour regulation. It further explores the overlap between regulation of temporary agency work and the EU’s regulation of transnational trade in services, the subject of the Directive on services in the internal market. Finally, it draws lessons from the experience of regulation of temporary agency work at national and European levels for transnational labour regulation in general.
Contents: Brian Bercusson: Transnational Labour Regulation: Process and Substance – Kerstin Ahlberg/Niklas Bruun: Denmark, Finland and Sweden: Temporary Agency Work Integrated in the Collective Bargaining System – Haris Kountouros: The UK: Responding to the Need for Protection in a System Preoccupied with Flexibility – Christophe Vigneau: France: Another Approach to Flexicurity – Loredana Zappalà: Italy: From Prohibition to Introduction of Temporary Agency Work as a Measure to Promote Employment – Kerstin Ahlberg: Germany: «Premature Implementation» of the Directive in Spite of Resistance in the Council – Kerstin Ahlberg: The New Member States: Regulating a New Phenomenon – Loredana Zappalà: Legislative and Judicial Approaches to Temporary Agency Work in EU Law - An Historical Overview – Loredana Zappalà: Transnational Soft Regulation of Temporary Agency Work and Adaptability Policies: A Future of Guidelines with No Rights? – Kerstin Ahlberg: A Story of a Failure - But Also of Success. The Social Dialogue on Temporary Agency Work and the Subsequent Negotiations between the Member States on the Draft Directive – Brian Bercusson/Niklas Bruun: Free Movement of Services, Temporary Agency Work and the Acquis Communautaire – Brian Bercusson: Lessons for Transnational Labour Regulation. From a Case Study of Temporary Agency Work in the EU.