Section 20 of the Protection of Employees (Part-Time Work) Act 2001 transposed the posting of workers directive into Irish law. Section 20 provides that, for the avoidance of doubt, all employee protection legislation on the Statute Book in the State applies to posted workers within the meaning of the directive in the same way as it applies to Irish workers. Posted workers are workers who are sent to another country on a temporary basis by an employer.
The enactments that regulate the rights guaranteed to posted workers by Directive 96/71/EC include: Employment Agency Act 1971; Maternity Protection Acts 1994 and 2004; Protection of Young Persons (Employment) Act 1996; Organisation of Working Time Act 1997; Employment Equality Acts 1998 and 2004; National Minimum Wage Act 2000; and Safety Health and Welfare at Work Act 2005.
The collective agreements that regulate the rights that are required to be guaranteed to posted workers involved in construction or other related activity and that apply to such a worker posted to Ireland include: Registered Employment Agreement (Construction Industry Wages and Conditions of Employment) 2005; and Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay) 2006.
I am satisfied that the directive has been fully transposed into Irish law by the existing legislation passed by the Oireachtas.