Emmet Stagg (Kildare North, Labour)
Link to this: Individually | In context

Question 11: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the progress made with regard to the implementation of the Temporary Agency Workers Directive agreed at the Council of Ministers meeting on 23 May 2009; and if she will make a statement on the matter. [41069/09]

Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context

Under the terms of the Directive Temporary Agency Work, there is a three-year period in which Member States are required to transpose the Directive into national legislation i.e. by 5 December 2011.

While the Directive provides for equal treatment for agency workers from the first day of employment, there is provision for a derogation within limits by way of collective agreement or by agreement between the national social partners. In effect the derogation would set out an agreed time limit, or qualifying period, after which the agency worker would qualify for equal treatment.

Earlier this year, the Minister for Labour Affairs invited the Social Partners to discussions with my Department, with the aim of agreeing a framework within which agency workers in Ireland would achieve equal treatment within an agreed timeframe having regard also to the need for flexibility in enterprises. The Towards 2016 Review and Transitional Agreement 2008-2009 concluded by the Social Partners and the Government contains a commitment to developing such a framework.

My Department has already facilitated an initial meeting between the Social Partners to help them to develop a national framework within the parameters established in the EU Directive. The successful conclusion of a Framework Agreement will enable the Government to consider transposing the terms of the Directive, including the terms of the Framework Agreement, at a date in advance of the maximum period allowed under the Directive i.e. end 2011.

In the meantime my Department is liaising with the European Commission and other Member States in anticipation of the transposition of the Directive into national law.