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From www.siptu.ie



The new equal status for agency workers results from the implementation of the EU Temporary Agency Workers Directive and is likely to affect up to 40,000 workers across the public and private sectors. Employers unsuccessfully sought derogation from the Directive.

SIPTU Head of Legal Affairs, Tom O’Driscoll, said; “This means that Agency workers are entitled to equal treatment in terms of basic working and employment conditions as if they had been directly recruited by the hirer in the same job.

“However the Directive has not been transposed into Irish law. Therefore the reality for private sector agency workers is that they will not be allowed to vindicate their rights until the appropriate legislation transposing the Directive is passed into Irish Law. But there is no bar to submitting an industrial relations claim for temporary agency workers engaged by private sector hirers.”

Tom O’Driscoll added; “The situation is different for agency workers employed by the state in that the Doctrine of Direct Effect comes into play. This basically means the Directive has direct effect in Irish law. This may allow public sector agency workers to claim retrospection from the date the legislation is passed back to 5th December 2011.”

The Government have intimated that the Temporary Agency Workers Bill is presently being drafted and will provide for equal treatment of Temporary Agency Workers in accordance with the EU Directive.