Written answers

Thursday, 8 March 2018

Department of Employment Affairs and Social Protection

Employment Rights

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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554. To ask the Minister for Employment Affairs and Social Protection her views on agency staff in large corporations being overlooked or unable to apply for permanent positions within the same company; her plans to address the matter; and if she will make a statement on the matter. [10936/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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The Protection of Employees (Temporary Agency Work) Act 2012 applies the principle of equal treatment in terms of basic working and employment conditions for agency workers in the same way as applies to employees recruited directly by the hirer (provider of agency work) to do the same or similar work.

Section 11 of the Act provides for access to employment by hirer.

“A hirer shall, when informing his or her employees of any vacant position of employment with the hirer, also inform any agency worker for the time being assigned to work for the hirer of that vacant position for the purpose of enabling the agency worker to apply for that position.”

Schedule 2 of the Act outlines the redress provisions for certain contraventions of the Act including breaches of Section 11.

If an agency worker believes they are not receiving equal treatment in relation to their basic working and employment conditions, they should firstly raise the issue with the employment agency. If this does not resolve the matter, the agency worker may pursue a case to the Workplace Relations Commission. This is done by an online form. The case may go to mediation or adjudication. If the Adjudication Officer (or the Labour Court on appeal) finds in favour of the agency worker, the redress awarded is enforceable in the District Court.

The Workplace Relations Commission Customer Service provides information to employees and employers. It can be contacted at Locall 1890 80 80 90 or www.workplacerelations.ie.

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