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Temporary Agency Workers

4 Agency Work Claims in the WRC

temporary-agency-worker

There are 4 claims that agency workers can bring in the WRC respect of agency work.

  1. Are you an agency worker and did not receive the same basic working and employment conditions to which a comparable worker would be entitled?

Subject to any collective agreement, the basic working and employment conditions to which an agency worker is entitled shall be the same as those to which a comparable employee employed by the hirer would be entitled.

Section 6, Protection of Employees (Temporary Agency Work) Act, 2012

  1. Did an Employment Agency charge you a working seeking fee?

Under Section 13(1) of the Protection of Employees (Temporary Agency Work) Act 2012 provides that an employment agency shall not charge an individual a fee for making arrangements for the individual’s employment.

A person who contravenes this Section shall be guilty of an offence and shall be liable on summary conviction to a class A fine

Section 13, Protection of Employees (Temporary Agency Work) Act 2012

  1. Were you informed by the Employer to whom you were hired out as an agency worker of a vacant position with the “hirer”?

Under Section 11 of the Protection of Employees (Temporary Agency Work) Act 2012 provides that an employer to whom an agency worker is hired out shall 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.

The agency worker shall also be informed of the time being assigned to work for the hier of the vacant position

Section 11, Protection of Employees (Temporary Agency Work) Act 2012

  1. Were you treated less favourably by the Employer to whom you were hired out as an agency worker in relation access to facilities and amenities?

Section 14 of the Protection of Employees (Temporary Agency Work) Act 2012 provides that an employer whom an agency worker is hired out shall treat an agency worker no less favourably than an employee of the hirer unless there exist objective grounds that justify less favourable treatment of the agency worker.

Collective facilities and amenities include canteen or other similar facilities, child care facilities and transport services.

Section 14, Protection of Employees (Temporary Agency Work) Act 2012