FREQUENTLY ASKED QUESTIONS
In this section we aim to answer a number of important questions relating to key HR, Employment Law and Health and Safety Topics.
This month’s FAQ’s focuses on the area of Agency Workers.
An EU Directive on Temporary Agency Worker was enacted in 2008. This EU Directive became directly effective in Ireland on the 5th of December 2011. On the 16th of May 2012 the Bill was signed into law and the Protection of Employees (Temporary Agency Work) Act 2012 was passed.
This Act applies the principle of equal treatment for Agency Workers in relation to Employees recruited directly by the Hirer. This act ensures that Agency Workers receive the same basic working and employment conditions as the comparable Employees.
The main provision that came from this Act is that Agency Workers are now entitled to be treated the same as a comparable Employee hired directly by the hirer. Essentially it aims to improve the working life of Agency Workers.
Agency Workers Frequently Asked Questions
Who is Covered by this Act?
This Acts applies to all Agency Workers who are employment by an agency to work for and under the direction and supervision of an end user, the Hirer.
This Act does not cover:
What are the Type of working arrangements that Agencies can be involved in?
There are 2 types of working arrangements that agencies can be involved in.
Who is responsible for the Employees rights?
The answer to this question depends on the rights under which the Agency Worker is trying to enforce. The Agency is responsible for the protection of Employees under the majority of the employment law acts. An exception here is under the Unfair Dismissals Act, the Agency worker is seen to be an Employee of the end-user/Hirer. This also applies to health and safety legislation. In relation to the other acts the Agency is seen as the Employer of the Agency Worker under the:
This month’s FAQ’s focuses on the area of Agency Workers.
An EU Directive on Temporary Agency Worker was enacted in 2008. This EU Directive became directly effective in Ireland on the 5th of December 2011. On the 16th of May 2012 the Bill was signed into law and the Protection of Employees (Temporary Agency Work) Act 2012 was passed.
This Act applies the principle of equal treatment for Agency Workers in relation to Employees recruited directly by the Hirer. This act ensures that Agency Workers receive the same basic working and employment conditions as the comparable Employees.
The main provision that came from this Act is that Agency Workers are now entitled to be treated the same as a comparable Employee hired directly by the hirer. Essentially it aims to improve the working life of Agency Workers.
Agency Workers Frequently Asked Questions
Who is Covered by this Act?
This Acts applies to all Agency Workers who are employment by an agency to work for and under the direction and supervision of an end user, the Hirer.
This Act does not cover:
- Work done on any work placement scheme or JobsBridge for example
- It also does not cover Contractor Companies and Limited Liability Companies where the employee id the beneficial owner.
- Managed Service Contracts.
What are the Type of working arrangements that Agencies can be involved in?
There are 2 types of working arrangements that agencies can be involved in.
- The first arrangement is where the agency assigns the Agency Worker to a Company (generally known as the Hirer or the end-user) to work for them on a temporary basis. The status of the Agency Worker has been the subject of litigation in recent years as they essentially aren’t an Employee of the agency or the hirer. They are contracted by the agency to work under a special contract sometimes known as a contract ‘sui generuis’.
- The second type of working arrangement is where the individual does become a direct Employee of the Hirer. The agency simply ‘introduces’ that individual to the Hirer.
Who is responsible for the Employees rights?
The answer to this question depends on the rights under which the Agency Worker is trying to enforce. The Agency is responsible for the protection of Employees under the majority of the employment law acts. An exception here is under the Unfair Dismissals Act, the Agency worker is seen to be an Employee of the end-user/Hirer. This also applies to health and safety legislation. In relation to the other acts the Agency is seen as the Employer of the Agency Worker under the:
- Organisation of Working Time Act 1997
- Maternity Protection Act 1994 and 2004
- Adoptive Leave Acts 1995 and 2005
- Carers Leave Act 2001
- Parental Leave Acts 1998 - 2013
- Terms of Employment (Information) Acts 1994 - 2001
- Redundancy Payments Acts 1967 - 2012
- National Minimum Wage Act 2000
- Protection of Young Persons (Employment) Act 1996
- Payment of Wages Act 1991
- EC (Protection of Employees on Transfer of Undertakings) Regulations 2003
- Protection of Employees (Part time) Work Act 2001
- Employment Equality Acts 1998 - 2012.
