The protection of temporary workers in Ireland

Agency Workers legislation explained

photocopy rctext The Protection of Employees ( Temporary Agency Work) Act 2012 brought into Irish law the main provisions

of the Agency Workers Directive (2008/104/EC) on 16th May 2012.

What types of businesses are affected?

There are mainly two types of businesses affected by this act namely:

employment agencies who employ agency workers; and
those businesses to which agency workers are designated.

What is an agency worker?

The definition of agency worker in the Act is an individual employed by an employment agency under a contract of employment by virtue of which the individual may be assigned to work for, and under the direction and supervision of, a person other than the employment agency.

What are the main changes which The Protection of Employees ( Temporary Agency Work) Act 2012 brought about?

The main change is that now under the act an agency worker is entitled to the same basic working conditions as if they were employed by the hirer directly. This includes pay, working time, rest periods, rest breaks during the working day, night work, overtime, annual leave and public holidays and equal access to the facilities provided for the hirer's worker's, such as canteen facilities.

The hirer must also notify the agency worker of any vacancy which arises so that the agency worker may apply for the position, if they wish.