Addleshaw Goddard

UK 200 2013 position: 23

European Employment Law Update — January 2014: Finland

The Labour Court of Finland has requested a preliminary ruling in a case concerning a claimed breach of a provision of a collective bargaining agreement, which restricts usage of temporary agency work. The case requires interpretation of the EU directive on temporary agency work (2008/104/EC), which came into force in 2011.

According to article 4(1) of the directive, restrictions on using temporary agency workers are only permitted on limited grounds of general interest. However, the provision of the directive is open to various interpretations, insofar as it is related to the obligation of member states to review the restrictions and prohibitions of the use of temporary workers and to report them to the European Commission. Accordingly, the Labour Court enquires in its request for a preliminary ruling, whether the obligation is a one-off administrative obligation or a permanent ongoing obligation.

Furthermore, the Labour Court enquired whether the far-going restrictions on the use of temporary workers in the collective bargaining agreement comply with the directive. The matter is of significant importance in Finland since similar provisions restricting the use of temporary workers are commonly contained in collective bargaining agreements…

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