Case C-441/23 – Applicability of the Temporary Agency Work Directive

1) Article 3.1(b) of the European Parliament and Council Directive 2008/104/EC of 19 November 2008 on temporary agency workers should be interpreted to mean that this directive applies to any natural or legal person who enters into employment contracts or establishes employment relationships with a worker for the purpose of assigning the worker to a client company for temporary work under the latter company’s control and direction, and who assigns the worker to the latter company, even if this natural or legal person is not recognized as a temporary work agency under national legislation due to not holding an administrative license for temporary work agencies.

2) Article 3.1(b)–(d) of Directive 2008/104 should be interpreted to mean that a situation where a worker is assigned to a client company by a company whose business consists of entering into employment contracts or establishing employment relationships with workers for the purpose of assigning them to a client company for a certain period falls under the concept of temporary agency work as referred to in this provision, if the worker is under the control and direction of the latter company and if this company both requires the worker to perform the services to be carried out, dictates how the work is performed and the observance of the company’s instructions and internal rules, and monitors and controls the manner in which the same worker performs their tasks.

3) Article 5.1 of Directive 2008/104 should be interpreted to mean that a worker assigned by a temporary work agency to a client company, within the meaning of this directive, during their period of service with the client company, should receive a salary at least equivalent to what the worker would have received if they had been directly employed by this company.

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