Agency worker law

Agency worker law refers to a body of law which regulates the conduct of employment agencies and the labor law of people who get jobs through them. The typical situation involves the employment of a person or a person.

History

The International Labor Organization for the establishment of public employment agencies in their place. To prevent the abusive practices of private agencies, they were to be fully abolished or at least tightly regulated. In most countries, they are legal but regulated.

Probably inspired by the dissenting judgments in a United States Supreme Court case called Adams c. Tanner , the International Labor Organization’s first ever Recommendation was targeted at fee-charging agencies. The Unemployment Recommendation, 1919 (No.1), Art. 1 called for each member to

“What measures have been taken to prevent the establishment of a taxation system that is not subject to taxation, To abolish such agencies as soon as possible. “

The Unemployment Convention, 1919 , Art. 2 required instead the alternative of

“A system of free public employment agencies under the control of a central authority.”

In 1933, the Fee-Charging Employment Agencies Convention (No.34) formally called for abolition. The exception was if the agencies were licensed and had fee agreed in advance. In 1949, a new revised Convention (No.96) was produced. (2) for members who did not wish to sign up. Agencies were an increasingly entrenched part of the labor market. The United States did not sign up to the Conventions. The latest Convention, the Private Employment Agencies Convention, 1997 (No.181) takes a great deal.

Particular jurisdictions

European Union

?? The problem related to the Temporary Agency work in Europe has been achieved through the implementation of the Council Directive 2008/104 / ECafter nearly three decades of debate. In this way, the directive is the third part of the European Union’s employment law, which includes both part-time workers and fixed-term workers. And to develop a flexible form of working.

Germany

In Germany the Arbeitnehmerüberlassungsgesetz (Employee Hiring Law of 1972) regulates the agency relationship. It follows the provisions in the Burgerliches Gesetzbuch (Civil Code) on the law of leasing goods or finance, the agency relationship is seen as a triangular arrangement, with different obligations on each side. The worker is an employee of the agency only. The contract between the agency and the end-employee is a labor contract. Between the worker and the end-use there is no contract. There is only a statutory obligation to give equal treatment in terms and conditions of work.

United Kingdom

Main article: UK agency worker law

The United Kingdom, as amended by the Employment Standards Act, 1973 , which is the subject of the Act .

United States

  • Adams c. tan
  • In Ribnik c. McBride , 277 US 350 (1928) The Court struck down a similar New Jersey law attempting to regulate agencies, Justices Stone, Brandeis and Holmes dissenting. This is probably no longer good law.
  • Doubt was placed on the leading dictum of Adams v. Tanner in Olsen c. State of Nebraska 313 US 236 (1941) and Lincoln Union v. Northwestern Co. , 335 US 525 (1949) 535. In the latter, Mr. Justice Black, said that Adams v. Tanner was part of the “constitutional philosophy” which struck down minimum wages and maximum working hours.

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