Minister Calleary publishes consultation document on transposition of EU ‘Temporary Agency Work Directive’

2 November, 2010

The Minister for Labour Affairs, Dara Calleary TD, today [Tuesday] announced the publication of a public consultation on the EU ‘ Temporary Agency Work Directive’ which was adopted by the European Union in 2008 and is due to be transposed into Irish national law by 5 December 2011.

The Directive provides the basis on which temporary agency workers will be entitled to the same basic working and employment conditions (including pay) as if they had been recruited directly to the same job.  

The Minister stressed that, with the transposition of the provisions of the Directive, agency working will continue to remain a legitimate form of flexible labour supply but it cannot be used to indefinitely circumvent obligations that arise in an employment relationship.

The Minister said: ‘Support for the principle of fair treatment for agency workers must be balanced with the need to retain the flexibility the agency sector provides for both agency workers and employers, which helps underpin competitiveness’.

Through this public consultation, the views of a cross-section of interested parties are being sought including, agency workers, employment agencies and user (hirer) undertakings to whom agency workers are assigned by an employment agency.

The consultation is a first key step in preparing the necessary Bill to implement the Directive by the due date.

The Minister stressed the importance he attaches to the conclusion, by the Social Partners, of an appropriate "Framework Agreement".

Under the provisions of the Directive, it is open to Social Partners at national level to reach an agreement which can, for example, define a waiting period during which an agency worker could be assigned without necessarily acquiring the full range of entitlements as a directly-recruited employee in a user (hirer) undertaking.

The Framework Agreement, being the sole preserve of the Social Partners under the terms of the EU Directive, does not form part of the wider public consultation.

‘I am currently seeking the full engagement of the Social Partners to progress discussions aimed at concluding an Agreement, by end 2010.

‘Any such Agreement will ideally reflect the particular circumstances of the Irish labour market and to take account of the de facto position in other Member States of the European Union.

‘I would urge all stakeholders to review the document thoroughly and to let my Department have views on the draft provisions before the 30^th November deadline’ the Minister concluded.

ENDS