Tony Killeen (Clare, Fianna Fail)

The definition of employee in the Bill does not exclude temporary agency workers. My understanding is that an agency worker must have a contract of service with the employer for the legislation to apply to him or her. Effectively, there is an existing definition in this area which states that the worker is the employee of the company under whose direction and control he or she is working. We already have definitions in place, for example, with Revenue, the Department of Social and Family Affairs and elsewhere. In this instance it is clear, although I may have difficulty explaining it, that there is a distinction between a contract of service and a contract for service. This is understood across different areas of employment legislation. The situation under this legislation is that if employees are under a contract of service, they are entitled to this information and consultation from the company. In the event they are not, they are entitled to it from the agency that employs them.