Government welcomes EU equal treatment deal as major development for workers, employers and for social partnership

On behalf of the Government, Ms Mary Coughlan T.D., Tánaiste and Minister for Enterprise, Trade and Employment has welcomed the package agreed by the EU Council of Ministers today in relation to the equal treatment of temporary agency workers and the organisation of working time.

Commenting on today’s developments, the Tánaiste said that: "Agency working will continue to be a legitimate and important form of flexible labour market supply but it cannot be used to indefinitely circumvent any obligations to workers regarding pay and other basic entitlements. This Directive represents another key measure agreed by the EU to ensure that there will be no "race to the bottom" in terms of employment standards."

Ireland’s representative at the Council (of Employment, Social Policy, Health and Consumer Affairs Ministers), the Minister for Labour Affairs, Mr Billy Kelleher T.D., said “Today’s outcome marks the end of a lengthy negotiation process and will provide the basis on which temporary agency workers will be entitled to the same pay and basic entitlements as ordinary workers.”

Minister Kelleher continued: "The key breakthrough from Ireland's perspective is that the agreed text provides for an empowerment of the Social Partners. Now, arrangements can be agreed to ensure the continued flexibility and availability of agency work to those choosing it, but also that temporary agency workers will achieve equal treatment on pay and basic entitlements within an agreed timeframe."

The Draft Directive must now be considered by the European Parliament as part of the co-decision process. It will fall to be transposed by Member States - in Ireland, through national legislation - within [two] years of its final adoption by the European Union.

The Tánaiste and Minister Kelleher both welcomed the agreement that was also reached on another key Directive in the employment area, relating to the Organisation of Working Time. This Directive seeks to provide safeguards as regards the working hours and rest periods of employees.

While the issue of an “opt-out” facility has been contentious in this area, it is important to note that Ireland has not sought an “opt-out” facility and has no plans to do so. (An “opt out” in this context means a situation where the normal upper limit of a 48 hour working week would be waived by agreement with an employee.) The outcome of deliberations by the Council of Ministers in this area is reflected in a balanced approach towards issues that have been quite contentious over a prolonged period.

The continuation of the “opt out” facility in acceptable form has been a key element in the overall compromise, with built-in safeguards and limitations, stricter reference periods, review and evaluation clauses.

Minister Kelleher concluded by saying that "developments at today's Council meeting are further evidence of the strong contribution of the European Union to ensuring an appropriate balance of employment rights and workplace flexibilities across all Member States".

ENDS/ETE1910

Tuesday 10^th June 2008