Protection of Employees (Temporary Agency Work) Act 2012

The Protection of Employees (Temporary Agency Work) Act 2012 became law on 16th of May 2012. Pursuant to section 3 of the Act, it applies to agency workers temporarily assigned by an employment agency to work for, and under the direction and supervision of, a hirer. An agency worker is an individual employed by an employment agency under a contract of employment by virtue of which the individual may by assigned to work for a person other than the employment agency.

On foot of the new Act, all agency workers are entitled to the same basic pay as non agency workers employed by the hirer. They are under section 6 also entitled to the same basic working and employment conditions as an employee of the hirer who is engaged in similar work. Pursuant to section 14 of the Act, a hirer is under an obligation to treat an agency worker no less favourably than an employee of his own (with the exception of objective justification) with regards to collective facilities and amenities such as the canteen or child care facilities.

If you are an agency worker and feel that you have not been treated in accordance with this legislation we are able to help you make the appropriate complaint to the correct person or entity. If you are an employer and are wondering what your obligations are under this new Act, please contact us to discuss these issues and we can provide you with advice as to how to implement the new provisions.