Introduction

The Protection of Employees (Temporary Agency Work) Act, 2012 defines an “agency worker” as “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”.

The Act provides that all temporary agency workers must have equal treatment with workers hired directly by the hirer in respect of:

• Pay,
• Working time,
• Rest periods,
• Rest periods during the working day,
• Night work,
• Overtime,
• Annual leave, or
• Public holidays.

Temporary agency workers must also have equal access, with the hirer’s own workers, to facilities such as childcare, canteen or similar amenities, or transport services.

Where a vacant position of employment arises with the hirer of an agency worker, the hirer must, when informing his/her own employees, inform any agency worker who is for the time being assigned to work for him/her, of the vacancy for the purpose of allowing the agency worker to apply for that position.

An employment agency cannot charge an individual a fee in respect of making any arrangement for that individual’s employment.

Further information

For further information please email Barry Crushell of Aperture Partners Advisory at bcrushell@aperturepartners.ie or call 01-9053503.

Please note that the material contained herein is for general information purposes only and does not constitute legal or other professional advice. Reference accurate at time of publication but subject to change.