The KG judgment and the temporary nature of the assignments in agency work: an is-ought problem
Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Marco Biasi
Publishing Year 2021 Issue 2021/170
Language Italian Pages 24 P. 301-324 File size 283 KB
DOI 10.3280/GDL2021-170007
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The essay focuses on the conformity of the Italian regulation in matter of agency work with the Directive 2008/104/EC, in the aftermath of the recent judgment of the Court of Justice of the European Union in case C-681/18, KG, where the Court ruled that Member States had the duty to take the appropriate actions to preserve the temporary nature of agency work. Accord-ing to the Author, the Italian framework on temporary agency work is consistent with the relevant EU Directive, in view of the justification requirement as well as of the maximum duration of the assignments. As to permanent agency work (so called "staff leasing"), the Author ar-gues that the latter falls outside of the scope of application of a Directive which expressly addresses temporary agency work, also considering that permanent agency work shares with the Directive the goal of promoting high quality occupation.
Keywords: Agency Work; Employment Conditions; Temporary Nature of the Assignments; EU Law; Domestic Law; Conformity.
Marco Biasi, L’arrêt KG e la temporaneità del lavoro somministrato: essere o dover essere? in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 170/2021, pp 301-324, DOI: 10.3280/GDL2021-170007