44In the light of the foregoing considerations, the answer to the first question is that Article 5(3) of Directive 2008/104 must be interpreted as not requiring, by its reference to the concept of ‘overall protection of temporary agency workers’, any account to be taken of a level of protection specific to temporary agency workers that is greater than that laid down for workers in general by provisions on basic working and employment conditions under national and EU law. However, where the social partners, by means of a collective agreement, authorise differences in treatment with regard to basic working and employment conditions to the detriment of temporary agency workers, that collective agreement must, in order to respect the overall protection of the temporary agency workers concerned, afford them advantages in terms of basic working and employment conditions which are such as to compensate for the difference in treatment they suffer.
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