However, several circumstances, including annual leave and sickness absence up to a maximum of 28 weeks, will cause the 12-week qualifying period to pause. The important issue to note here is that the agency worker has no comparator for the purposes of the Act but enjoys the same basic pay and conditions had he/she been recruited directly by that undertaking to do the same work currently being done on that particular assignment. It also allows access to collective facilities at the hirer's enterprise and abolishes recruitment fees. Agencies must now provide full and accurate information on wages, surcharges and expenses. The collective facilities and amenities are not listed in the Act but it would be assumed to include childcare facilities, canteens, gyms, transport facilities etc. Privacy Policy However, each and every operation would need to be scrutinised to ensure that the managed aspect is a not “sham” designed to circumvent the Act. These are now abolished under section 13. You can revive the idea of an effective Social Europe. Protection for temporary agency workers in Germany, Fairer pay and security for Dutch temporary workers, Belgian agency workers get their own website, The Court of Justice of the European Union guarantees the social partners' autonomy in regulating the use of temporary agency work through collective agreements, ECJ opinion threatens agreed limits on temporary agency work, European Court to hear employers' bid to replace full-time jobs with temporary agency contracts, Adoption of Temporary Agency Work Directive breaks deadlock on social Europe, ETUC welcomes possible agreement on agency work in Council, based on equal treatment principle from day one, ETUC welcomes Eurociett and Uni-Europa joint declaration on the draft directive on working conditions for temporary agency workers, Temporary agency workers and working time, 5th Congress of Slovenian Association of Free Trade Unions (ZSSS), Trade unions deliver an urgent message to European employment ministers, John Monks calls on Labour MPs for a change of policy on temporary agency workers, Declaration on Temporary Agency Work Directive, Collective bargaining, wage policy & pay rise campaign, Digitalisation and platform economy / Atypical Work, Lesbian, gay, bisexual and transgender rights, Social protection policy / Social Inclusion, Trade / International Development Cooperation / Trade Union Development Cooperation Network (TUDCN). ETUC was particularly satisfied with the way the Council solved the issue of equal treatment between agency workers and workers in the user enterprise – the most contentious issue in the Directive which blocked progress for the past 6 years. This Act basically gives the right to equal treatment to temporary agency workers in pay and terms and conditions of employment. The first port of call for further information should be the SIPTU official or activist. Temporary agency work is organised through a triangular relationship between the temporary agency worker, the temporary agency and the user undertaking. This is not an exhaustive list of the provisions under the Act and neither should it be used as a legal guide, but instead sets out the main provisions on the bottom line entitlements for an agency worker. External links related to private employment agencies, Sectoral Activities DepartmentInternational Labour Office4, route des MorillonsCH-1211 Geneva 22 - SwitzerlandE-mail:, Collective bargaining and labour relations, Employment injury insurance and protection, Forced labour, human trafficking and slavery, Agriculture; plantations;other rural sectors, Financial services; professional services, Shipping; ports; fisheries; inland waterways, Transport (including civil aviation; railways; road transport), Recommendations and conclusions of sectoral meetings, Global Dialogue Forum on the Role of Private Employment Agencies in Private Services Sectors, Tripartite Workshop to promote ratification of the Private Employment Agencies Convention, 1997 (No. The Protection of Employees (Temporary Agency Work) Act, 2012 was signed into law by the President on 16th May 2015. Temporary agency employment is where a worker is employed by the temporary work agency, and then hired out to perform his/her work at (and under the supervision of) the user company.