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Tuesday, 17 January 2012 17:43

EU Directive on Agency Workers

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The new EU directive on Agency Workers requires that all Agency staff taken on by employers after 5th December 2011 be given the rates and conditions of pay as existing employees.
They are to be granted the same rights to Maternity leave, sick pay and holidays as those they replace, in a temping situation.
The Penalties for non compliance are as high as two years pay in cases of minor or accidental breach.
It is advisable for all employers to carry out a complete audit of  their employee/HR situation.
The requirement to provide payslips, furnish Contracts of Employment, keep track of holiday  and sick days are strictly applied by the authority in this area, NERA, and it is worthwhile looking at their website.
Director of IBEC, Derek McGinty, told the Irish Times that “The Bill does not [at section 6 (1) or elsewhere] make express provision for legitimate distinctions between agency workers and comparable direct recruits.

“It cannot be the intention of the legislature for example, for an inexperienced agency worker to receive, on his or her first day of assignment, the same pay as a direct recruit with 10 years experience, who is at the top of the pay scale.”
Last modified on Tuesday, 17 January 2012 18:04

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