50It is therefore for the referring court to determine, first, the basic working and employment conditions which would apply to the temporary worker if he or she had been recruited directly by the user undertaking to occupy the same job as that which he or she actually occupies there for the same period of time and, more specifically, in the present case, the compensation to which he or she would be entitled, on account of the termination of his or her temporary employment relationship, in respect of days of paid annual leave not taken and the corresponding holiday bonus pay. That court must, secondly, compare those basic working and employment conditions with those which are actually applicable to that temporary agency worker during the period of his or her assignment at that user undertaking, as the Advocate General stated, in essence, in point 60 of his Opinion, in order to ascertain, on the basis of all the relevant circumstances at issue in the main proceedings, whether or not the principle of equal treatment has been complied with in the case of that temporary agency worker.
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