Temporary Agency Work

The Protection of Employees (Temporary Agency Work) Act was signed into law by the President on Wednesday, 16th May 2012. It provides that all temporary agency workers must have equal treatment with workers hired directly by the hirer in respect of:

• The duration of working time, rest periods, night work, annual leave and public holidays
• Pay (basic pay, shift work, overtime and Sunday premia)

Temporary agency workers must also have equal access to facilities such as childcare, and must be informed of any vacant position of employment with the hirer. They cannot be charged a fee for seeking or obtaining a placement.

The redress mechanism provided for an employer's non-compliance with the Act is by way of complaint to the Rights Commissioner Service, through Workplace Relations Customer Services.

A copy of the Act may be viewed here - Protection of Employees (Temporary Agency Work) Act, 2012

A Guidance Document, which is intended to assist Agency Workers, Hirers of Agency Workers, and Employment Agencies to understand better the provisions of the Protection of Employees (Temporary Agency Work) Act, 2012 including the entitlements conferred and the obligations and responsibilities for all parties involved, is available here - Guidance Note - Temporary Agency Workers.