The Protection Of Employees (Temporary Agency Work) Act, 2012

Author:Mr Gaffney David
Profession:Coakley Moloney

The deadline for the implementation of the Temporary Agency Workers Directive (2008/104/EC) (the "Directive") was 5 December 2011. This means that Ireland missed the deadline for implementation of the Directive, but nonetheless is bound by it. The Protection of Employees (Temporary Agency Work) Act, 2012 (the "Act") transposes the EU Directive into Irish law since the 16th May, 2012. The Act is aimed at harmonising the current irregularities and inconsistencies across member states as regards Agency Workers. It also seeks to ensure that the working and employment terms and conditions of agency workers are on a par with those of an employee engaged by the employer directly. The Act applies to workers with a contract of employment or employment relationship with an employment agency who are assigned to "user undertakings" on a temporary basis, during which time they are subject to the direction, control and supervision of such "user undertakings." Its' application relates to both public and private undertakings engaged in an economic activity. Such economic activity may be for gain or not and applies irrespective of the engagement status of the agency worker, i.e. full-time, part-time or on a fixed-term basis. There is no doubt that this legislation will have a huge impact on agency and employer relationships going forward. Under the new legislation, there is a potential liability to both agencies and/or employers depending on the nature of the alleged breach. The Act provides for equality in respect of the following basic working and employment conditions:- duration of working time, rest breaks, night work, annual leave and public holidays; Equal access to collective facilities and amenities such as canteen facilities, childcare facilities and access to transport facilities unless there are objective grounds that justify less favourable treatment; Pay...

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