La protección jurídico social de los trabajadores en el trabajo a través de las Empresas de Trabajo Temporal en el plano internacionalSentencia del Tribunal de Justicia 2ª 13 de octubre de 2022, asunto C-713/20: Raad van bestuur van de Sociale verzekeringsbank

Résumé

The social and legal protection of the workers that are inserted in the Temporary Agencies Employment is one of the most controversial issues in Labour Law, as well as from a Social Insurance point of view. This is due to the particularly weak position of the workers in this form of employment, where we can see a triangular relationship between the temporary agency employment, the user company and the worker, where the interests of the company usually prevail over the protection of the workers. This form of work, in a social economic framework such as the current one, characterized by globalization, does not limit its effects to the national level. The recent the judgment of the Court of Justice of the European Union dated13th October 2022 is part of the described framework, which analyses the consideration of the inactivity intervals between missions to access a social protection. In that case, the conflict is derived from the fact that the place of residence of the workers and the place where the productive work is conducted through the temporary agency employment do not coincide. Because of that the CJEU must examine which of the two legislations is applicable.