On 16 May 2012, after much debate, the long awaited Protection of Employees (Temporary Agency Work) Act 2012 was enacted. The Act aims to give greater protection to agency workers by providing for equal treatment in terms of (i) basic working and employment conditions; (ii) access to collective facilities and amenities; and (iii) information provided regarding employment vacancies in the hirer’s workplace.

Unlike the situation in the UK and many other member states, there is no qualifying period for equal treatment included in the Act and so agency workers must receive equal treatment from day one.

Importantly, the provision of equal treatment in relation to pay only has retrospective effect and is deemed to have been in effect as and from 5 December 2011. The other working and employment conditions referred to in the Act do not operate retrospectively. This is a step back from the wording of the Bill which had originally proposed that almost all of its provisions would be deemed to come into effect as and from 5 December 2011.

The Act provides that complaints can be brought by agency workers to the Rights Commissioner with a right of appeal to the Labour Court. A maximum of two years’ remuneration can be awarded.

Contributed by Catherine O’Flynn.
Back to Legal News