News

In October, the Irish government launched a consultation on the transposition of Directive 2008/104 on temporary agency work which must be implemented by December 5, 2011 in all the Member States. The document addresses all issues raised by the adaptation of the European text to the Irish context, except that of the minimum duration of the assignment to open equal treatment, which the social partners, IBEC for employers and ICTU for unions, are currently discussing. (Ref. 100787)

The government’s document warns that its objective, in the context of the transposition of the Directive, “is to ensure that the State retains the necessary labor market flexibility that the employment of agency workers affords for both workers and employers, while at the same time supporting the principle of ensuring fair treatment for agency workers.”

In this consultation document, the government seeks the views of the interested parties on the following issues:

• Does the directive apply to the State, administrations and other public bodies?
  
• Should the transposition, and if yes, how, use the possibility of derogation offered in the directive to improve the employability of people who face difficulties in entering or re-entering the labor market?
  
• How to define remuneration within the framework of equal pay?  Does it only mean basic remuneration?  Should overtime be included, or other compensations for labor constraint, most of which have a contractual basis?  What about bonuses, usually aimed to boost the employees’ loyalty and therefore imply a long-term employment relationship?
  
• How to apply the provisions of the directive granting temporary workers the same rights, in terms of working time and paid annual leave, as comparable permanent employees?  About this, the consultation document suggests two tracks: a once-off payment of the equivalent or an increase of the temporary worker’s daily pay.
  
• Does Irish legislation on the protection of mothers and future mothers provide for enough protection in comparison with the directive?
  
• Which types of standards negotiated by the social partners contain essential working and employment conditions, particularly pay, to meet the equal treatment requirements?  The directive targets general and binding agreements.  The document seeks to identify, in the diversity of collective agreements signed in Ireland, those that are general and binding and that are going to serve as a reference to ensure that equal treatment is complied with.
  
• What to do when it isn’t possible to identify the comparable worker, for instance because he was hired for a position that was recently created?
  
• If a conflict arises, which part of the triangular relationship is indebted for the benefits and compensation?

The consultation will end on November 30^th.

A framework agreement on the qualifying period and derogations.  The directive allows the national social partners to  derogate, with an agreement, from some provisions of the directive.  Judging that “this option presents an opportunity to achieve a balanced outcome to meet the needs of employers for flexible labor supply as well as protecting agency workers,” the government turned to the Irish social partners and encourages them to reach an agreement, which will notably have to deal with the minimum duration of the assignment under which it is possible to derogate from the principle of equal treatment.

This information was provided by Planet Labor, November 8, 2010, No.  100787 – www.planetlabor.com

For more information contact:



Rachel Owens

Policy Officer

UNI europa

rue de l'Hôpital 31

1000 Bruxelles

Belgium

Tel: +32 2 235 08 74

Fax: +32 2 235 08 70

rachel.owens@uniglobalunion.org

www.uniglobalunion.org