Richard Bruton (Dublin North Central, Fine Gael)

It is an arrangement whereby a person can enter into an agreement with an agency that gives him or her periods of work but also provides for periods during which he or she will be paid, even when not working. It is a different type of contract but it must be permanent in that the person is taken on with a long-term contract that provides periods of assignment and non-assigment. The agency commits to payment, even during the non-assigned periods, thereby making a commitment to guarantee the worker work or, during the periods when it cannot provide work, to pay a retainer fee. It is an arrangement that may suit some people but not others. We seek to allow this to be contemplated by the legislation provided the agency notifies the worker in writing, that the person knows what he or she is entering into, that there is a permanent contract that provides for it, and that it is not something which can be turned into a temporary assignment that can be terminated at will without the rate that would have applied being paid. That is the model being allowed for here.

Flexibility is provided for in the directive because this can be a fair way of working that can suit both sides where there is intermittent work and neither side knows the exact commitment involved. It provides some protection to both sides. There is certainty for the agency of being able to provide a service when it is needed and there is certainty for the worker that he or she will get a certain level of pay regardless of being assigned. The arrangement allows both sides to meet needs they may have. We seek to allow this flexibility.

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