What is the Temporary Agency Work Directive about?

What is the Temporary Agency Work Directive about and how does it impact your company?

Temporary Agency Worker Directive

The EU Directive on Temporary Agency Work Directive – (2008/104/EC) – came into effect in Ireland on 
5th December, 2011 and falls within the scope of the Terms of Employment Information Act 1994. The overarching principles of this new legislation is to help improve the situation of agency workers mainly with a view to enabling them to gain access to permanent employment. The legislation stipulates that from the first day of employment, agency workers are entitled to equal treatment under the areas highlighted in the table below. If your employees have waiting periods for benefits, the same rules will apply to the agency workers. They do not receive preferential treatment on terms and conditions of employment. Prior to this legislation, agency workers had limited rights and many were working for companies for years, yet receiving less favourable terms than those hired directly by the company.

Agency Workers Entitlements

** Where bonuses are linked to individual performance, many of these are considered as payable to agency workers.
*Where a Sunday is worked and a premium pay is normally paid to a directly recruited employee

The employer of the temporary agency worker, the recruitment agency, are primarily responsible for setting the agency worker’s terms and conditions of employment. You the employer however, must ensure that you provide accurate information for the recruitment agency to ensure this occurs.

There are strict rules around anti-avoidance provisions and penalties. Be careful not to rotate staff intentionally to avoid longer than 11 weeks of service. There are a number of options open for employers around this new legislation. If an agency worker does not complete the full duties of the pervious incumbent or does not have the same skill level, they can be taken in at a lower grade. Be sure that you can justify your reasons for the lower grade/pay levels. Read agency terms carefully prior to signing to ensure that you are not bound to any additional costs or potential liabilities.

For a great agency workers regulations youtube video – click here: Agency Workers Regulations

Full details of the Bill can be found here: http://www.oireachtas.ie/documents/bills28/bills/2011/8011/b80111d.pdf

Written by Gillian Donohoe MSc FCIPD, Managing Director, Kala Management Solutions Limited.

For further details on how this impacts you company, contact gillian@kala.ie or call 01 406 14 75.

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