Atypical Forms of Work
JUDr. Jana Komendová, Ph.D.


Programme
1.Notion of Atypical forms of work
2.Part—time work,
3.Ficed term employement contracts of employmeent relationship.
4.Temporary work (agency employment)
5.Telework

Notion of Atypical Forms of Work
•The theory of labour law defines a typical form of work as:
•1.  Performance of work for stated weekly working hours (full-time work),
•2. Employment contract is concluded for unfixed term,
•3. Employment contract is concluded directly between an employer and an employee,
•4. Work is performed at the employer’s workplace

EU law regulates
1.Part-time work,
2.Fixed-term employment contracts or relationships,
3.Temporary work (agency employment),
4.Telework
•In practice, employees performing atypical (precarious, flexible) work are less protected,
compared to employees performing typical work – e. g. termination of employment relationship,
collective labour law, benefits arising from employment
1.

Part-time Work
•Promotion of part-time work is considered as one of the means of reconciliation of professional
and family life,
•Secondary law - Directive 97/81/EC concerning Framework Agreement on Part-time Working concluded
by the UNICE, CEEP and ETUC,
•Part-time worker - an employee whose normal hours of work, calculated on a weekly basis or on
average over a period of employment of up to one year, are less than the normal hours of work of a
comparable full-time worker,
•Comparable full-time worker - a full-time worker in the same establishment having the same type of
employment contract or relationship, who is engaged in the same or a similar work/occupation, due
regard being given to other considerations which may include seniority and qualification/skills.
•
•

Forms of Protection of Part-time Workers
•Promotion of quality of part-time work – the number of part-time workers has been increasing in EU
Member States,
•Elimination of discrimination against part-time workers – unequal treatment based od the length of
working hours that in practice may constitute indirect discrimination based on e. g. gender, age,
disability, Less favourable treatment shall be justified on objective grounds.
•Promotion of opportunities for par-time work,
•Facilitate of development of part-time work on a voluntary basis – part- time work should be based
on an agreement between an employer and an employee
•

Fixed-term Work
•Definition – a form of work where the end of a contract or relationship is stated in advance by
the date, termination of specific work, completion of specific task or occurrence of a specific
event.,
•Secondary law - Directive 1999/70 concerning the Framework Agreement on Fixed-term Work concluded
between UNICE, CEEP a ETUC,
•Council Directive 91/383/EEC supplementing the measures to encourage improvements in the safety
and health at work of workers with a fixed- duration employment relationship or a temporary
employment relationship,
•Scope of application – employers in public and private sector,
•Employment contracts/relationships concluded directly between the employer and the employee

Forms of Protection
•Promotion of quality of fixed-term work by ensuring the application of the principle of
non-discrimination – uneqaul treatment based on the type work. Working condition of fixed-term
workers shall be he same as those of comparable permanent workers,
•Establishment of framework to prevent abuse arising from the use of successive fixed-term
contracts between the same parties,
•Information on job opportunities at the employer for unfixed-term

Measures to Prevent Abuse of Successive Fixed-term Contracts/relationships between the Same Parties
•Member States or social partners shall adopt one or more of the following measures:
•objective reasons justifying the renewal of such contracts or relationships,
•the maximum total duration of successive fixed-term employment contracts and relationships,
•the number of renewals of fixed-term employment contracts and relationships,
•

Temporary Work (Agency Employement)
•Temporary work means a specific form of employment. There are three parties:
•1. employment agency (employer),
•2. employee performing the work,
• 3. user undertaking (assigns the work, controls its performance)
•The agency employs workers with the purpose to temporary post them to perform work at the user
undertaking
•

Protection of Agency Employees at International Level
•ILO Convention 181 (Private Employment Agencies Convention) and Recommendation 188.
•Protection of collective rights of workers,
•Necessity to ensure that employees are covered with national systems of social security,
•Prohibition of discrimination on the grounds of sex, race, religion, political opinion, social
origin,
•Protection of personal data,
•Prohibition for agencies to require fees from natural persons who are employees
•
•

EU law
•Secondary Law – Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to
encourage improvements in the safety and health at work of workers with a fixed- duration
employment relationship or a temporary employment relationship
•Directive 2008/104/EC on Temporary Agency Work
•Scope of Application
•Temporary agencies both public and private performing gainful or non gainful activities
•User enterprises
•Employees who are assigned to another employer (user)
•

Forms of Protection of Temporary Workers
•Agnecy – shall be recognised as an employer
•Principle of non-discrimination – basic working conditions and conditions of employment of
temrporary workers for the duration of their assignment at a user undertaking shall be the same as
those of employees employed directly be the user undertaking,
•Prohibition for temporary-work agencies to charge workers any fees in exchange for arranging for
them to be recruited by a user undertaking

Access of Temporary Workers to Employment, Collective Facilities and Vocational Training
•Information of employees – the key idea is to secure permanent employment for temporary employees.
They have the right to information on vacant post at the user undertaking.
•Prohibition to conclude a cluase or an agreement prohibiting or preventing establishment of
employment contract directly between  undertaking and temporary workers on the base of standard
contract after the end of assgnment,
•Acess of temporary workers to amenities or collective facilities in the user undertaking (e.g.
canteen, child-care facilities and transport services) under the same conditions as workers
employed directly by the undertaking, unless the difference in treatment is justified by objective
reason

Telework
•Definition - a form of organizing and/or performing work, using information technology, in the
context of an employment contract/relationship, where work, which could also be performed at the
employer's premises, is carried out away from those premises on a regular basis.
•EU law – European Framework Agreement on Telework signed between European social partners in 2002
Not implemented by the directive

Protection of Teleworkers
•The Framework Agreement on Telework regulates certain aspects of telework i.a.:
•Voluntary basis of telework,
•Elimination of discrimination against teleworkers,
•Protection of personal data,
•Use of equipment,
•Health and safety of teleworkers,
•Working conditions of teleworkers