The Protection of Employees (Temporary Agency Work) Act was enacted on 16th May, 2012 and allows for equal treatment for agency workers in relation to their basic working and employment conditions as if they had been recruited directly by the Hirer to the same or similar job.
The Act also provides for the pay element of basic working and employment conditions to be made retrospective. This means that agency workers, who are on assignment on 5 December, 2011 are entitled to equal treatment in relation to Pay from 5 December, 2011.
I notified employers in a national information notice in December, 2011 in relation to the retrospective provision in the Act. Officials in my Department have met with various stakeholders whose members would be affected by the legislation to consult with and inform them about the legislation. My Department also published guidelines for the legislation which are available on the Department’s website.
In the event that agency workers have not received equal treatment in relation to Pay from 5 December, 2011, the Act provides a redress mechanism to the Rights Commissioner Service. I have instructed the National Employment Rights Authority call centre to answer all queries that agency workers, employment agencies and hirers may have in relation to all aspects of the legislation.