La Direttiva 2008/104/CE relativa al lavoro tramite agenzia interinale: aspetti problematici e modelli di implementazione = Directive 2008/104/EC relating to temporary agency work: problematic aspects and implementation models. WP C.S.D.L.E. “Massimo D’Antona”.INT – 101/2013

The problematic gestation of the Directive on temporary agency work shows the presence of several criticalities that there are also in the national transposition in relation to the principle of equal treatment and to the mechanisms for preventing abuse during successive assignments. From a first analysis it can be said that in some EU Member States only the derogations have been implemented and not the general principle of equal treatment. At the same time, the obligation of the Member States, contained in the Directive on temporary agency work, to establish mechanisms for preventing abuse during successive assignments is crucial, especially in the light of the recent case law of the EU Court of Justice in which the Court does not apply to the temporary agency workers the protective rules of the Directive on fixed-term contracts (see C-290/12 , Della Rocca).

Il lavoro a termine nella giurisprudenza della Corte di giustizia [Jurisprudence in the Court of Justice]. WP C.S.D.L.E. "Massimo D'Antona" .INT - 93/2012

The paper analyzes the ECJ case law on fixed-term work, with specific regard to non-regression clause, measures to prevent abuses and the principle of non-discrimination. In particular, the Author points out that the principle of non-discrimination is to be regarded as being the core of the fixed-term work regulation; in this respect, especially in more recent judgments, the Court seems to maximize the scope of such principle.