Advocate General: Notice Provisions Are Not Covered by the Temporary Agency Work Directive's Principle of Equal Treatment
On June 25, 2026, the Advocate General delivered an Opinion in a case concerning whether a temporary agency worker may claim that the termination of their employment must satisfy the same justification requirements as those applicable to the dismissal of an employee directly employed by the user undertaking.
The case arose after a user undertaking decided that it no longer wished to engage a temporary agency worker, following which the temporary work agency terminated the worker's employment. The worker challenged the dismissal, arguing that it failed to satisfy the national requirements for a "real and serious reason" and did not comply with the applicable formal requirements for dismissal. The worker further argued that, under the Temporary Agency Work Directive's principle of equal treatment, they were entitled to the same protection against dismissal as an employee directly employed by the user undertaking.
Advocate General Declined to Extend the Principle of Equal Treatment
In the Opinion, the Advocate General concluded that notice provisions do not form part of the essential working and employment conditions covered by the Temporary Agency Work Directive's principle of equal treatment.
In particular, the Advocate General emphasized that the Directive's list of essential working and employment conditions is exhaustive and that notice provisions are not included within that list.
The Advocate General also highlighted that temporary agency work is characterized by a distinct tripartite relationship between the temporary agency worker, the temporary work agency, and the user undertaking. Accordingly, a user undertaking's decision to end a temporary work assignment cannot be equated with the dismissal of an employee directly employed by that undertaking.
Finally, the Advocate General found that extending the principle of equal treatment to include notice provisions would be difficult to reconcile with the Directive's objective of striking a balance between protecting temporary agency workers and preserving employers' need for flexibility.
Littler's Comment
If the European Court of Justice (ECJ) follows the Advocate General's Opinion, the Temporary Agency Work Directive's principle of equal treatment will not entitle temporary agency workers to the same protection against dismissal as employees directly employed by the user undertaking. The principle of equal treatment would therefore remain limited to the working and employment conditions expressly listed in the Directive.
It should be noted, however, that the European Commission has argued that notice provisions fall within the scope of the principle of equal treatment, which would result in a broader interpretation of the protected working and employment conditions.
Littler is closely monitoring the European Court of Justice's forthcoming judgment.
If you have any questions about the Temporary Agency Work Directive, the dismissal of temporary agency workers, or other employment law matters, our specialists are available to advise you on your rights and options. Contact us here.
Disclaimer: The above does not constitute, and cannot replace, legal advice.
Bo Enevold Uhrenfeldt
Attorney & Partner
+45 44 14 30 90
