| Abstract [eng] |
Given the growing demand for labour market flexibility and the increasing relevance of non-standard forms of employment, temporary employment contracts have become firmly embedded in the employment relationship framework and are emerging as a significant area of labour law regulation. This employment form is distinguished by its atypical tripartite structure, involving a temporary agency worker, a temporary work agency, and a user undertaking. Such a structure raises both practical and theoretical challenges, particularly regarding the protection of workers’ rights, the distribution of responsibilities, and the implementation of the principle of equal treatment. To understand the essence and regulatory nature of this legal relationship, it is essential to examine the origins of temporary work, the driving factors behind its development, and the economic and social factors that have contributed to its consolidation. This research analyses the legal status and characteristics of the parties involved in temporary employment relationships, the nature of the contracts, their popularity and evolution, as well as their regulation at both national and European Union levels. Special attention is given to Directive 2008/104/EC on Temporary Agency Work, which governs the operation of temporary work agencies and sets minimum standards for worker protection. Furthermore, the legal regulation of temporary agency work in Lithuania and Germany is examined through a comparative analysis. Considering the increasing demand for this form of employment, the study aims to evaluate the legal framework and practical application of temporary employment contracts in both jurisdictions. The comparative analysis highlights key differences and similarities in national legal approaches, explores legal traditions, regulatory practices, and established case law. This analysis demonstrates how different Member States reconcile the objectives of labour market flexibility and worker protection while implementing the provisions of Directive 2008/104/EC into their national legal systems. |
