유럽연합 파견노동 지침의 정치와 유연성-안정성의 이중적 목적 = European Union`s Directive on Temporary Agency Work and the Dual Purpose of Flexibility and Security

다국어 초록 (Multilingual Abstract)

It took 35 years for EU to legislate the TAW Directive, i.e., the Directive on temporary agency work since it was put on the list of its official agenda. It is the objective of this study to analyze how the stakeholders could reach an agreement despite fierce confrontation with each other over various issues, whether the Directive indeed balances flexibility and stability, how the conflicting interests were translated into the principles and articles of the Directive. The findings of this study could be boiled down to three points as following. First, the TAW Directive was established to implement the labor market flexicurity as part of efforts to realize the European Social Model. As the Directive aimed to realize its dual purpose of the employers’ need for flexibility and the workers’ need for stability, it could not but bring about fierce confrontation of interests which took such a long time in finalizing the TAW Directive. Second, the Directive allowed at least three derogations from the principle of equal treatment as a compromise for the major opponent governments so as to finalize the security-leaning Directive. They were the derogation of grace period for the application of the Directive, the derogation of pay for the temporary workers employed by the agency without any time limit, and the derogation of collective contracts with the appropriate level of protection guaranteed. Third, the Directive could give priority to the security need over the flexibility need owing to the intervention of such third parties as the European Parliament, the European Economic and Social Committee, and the social partner organizations of the temporary agency work branch which proposed the Directive established on the basis of the equal treatment principle combined with a few derogations as concessions for the opponents to the Directive.

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